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Power of Attorney
Power of Attorney is a document that allows one person to act in legal matters for another. This can include turning on utilities, making medical decisions, and many other permissions.
876 Questions
What happens to the durable power of attorney when the person passes?
Well, when a person passes away, the durable power of attorney they had appointed is no longer valid. It's important to handle this situation with care and respect, as it can be a difficult time for everyone involved. Remember to communicate openly with all parties involved and seek legal guidance if needed to ensure a smooth transition.
How long does a Power of Attorney keep papers after the death?
Legally speaking, a Power of Attorney's authority ends upon the death of the individual. However, they may need to keep the relevant paperwork for a period of time to address any outstanding matters or potential challenges. Ultimately, it's best to consult with a lawyer or estate planner to determine the specific requirements in your situation.
Power of attorney or Powers of Attorney- Which one is the correct?
The correct term is "Power of Attorney." While the plural form, "Powers of Attorney," is commonly used, the singular form, "Power of Attorney," is the technically correct term to refer to the legal document that grants someone the authority to act on your behalf in legal matters. It is important to use the singular form when discussing or drafting legal documents to accurately represent the legal concept of delegating authority to an agent.
What is meant by jointly and severally in a power of attorney?
It means that two or more agents (attorneys-in-fact) can exercise the powers granted by the POA with or without joinder of the other agent or agents. Hence the agents can sign a document together or individually with the same legal effect.
How much power does durable power of attorney give?
A durable power of attorney gives the appointed agent broad authority to make financial and legal decisions on behalf of the principal, even if the principal becomes incapacitated. The extent of power given can vary depending on the specific language and provisions in the document, but generally, it allows the agent to manage financial affairs, sign documents, buy or sell property, manage investments, and make healthcare decisions if a separate healthcare power of attorney is included.
Can someone have medical power of attorney at the same time be executive to the patients will?
Yes, someone can have medical power of attorney and be named as the executor of a patient's will at the same time. These roles serve different purposes and do not necessarily conflict with one another. Medical power of attorney grants an individual the authority to make healthcare decisions on behalf of the patient, while the executor of a will is responsible for handling the deceased person's estate and carrying out their wishes as stated in the will.
How do I write a power of attorney document from the heirs of a deceased mother?
A Power of Attorney is a document executed by a living person (the principal) that enables another person, the attorney-in-fact, to act for them in their place. A POA is extinguished upon the death of the principal.
You cannot be appointed the attorney-in-fact for a person who has died. In order to have the authority to settle your mother's estate you must petition the probate court to be appointed the Administrator of the estate.
Can you use New York power of attorney form in NJ?
No, you cannot use a New York power of attorney form in New Jersey. Each state has its own specific requirements and laws regarding power of attorney, so it is important to use the appropriate form for the state in which it will be used. It is best to consult with an attorney who is knowledgeable in New Jersey law to ensure compliance.
Can three people be your agent on a power of attorney?
Yes. You can appoint multiple agents. You should make certain the POA document states that any one has the power to sign on your behalf. Otherwise anyone who needs to rely on the POA may ask that all three sign. That would complicate every transaction.
My father has alzheimer's and he needs a Power of Attorney how do I go about it?
You cannot obtain a Power of Attorney from your father. That must be done voluntarily by a legally competent person. You need to petition the court to be appointed his legal guardian. You should visit your local Family & Probate Court to determine what the requirements are. You will probably need an affidavit from his physician. The court will advise you. If you have a family lawyer you should call and get some advice on how to proceed.
How long does probate court take to change from power of attorney to executor?
There is no 'change.' The Power of Attorney expires at the death of the grantor. One applies to the court for letters of authority. They are typically awarded same day if the paperwork is filled out and the appropriate signatures and beneficiary notices are covered.
What is Surety power of attorney?
Surety power of attorney is a legal document that allows one person (the surety) to appoint another person (the attorney-in-fact) to act on their behalf in matters related to surety bonds. This includes the power to sign documents, make decisions, and enter into contracts on behalf of the surety. It is often used in the construction industry to authorize an attorney-in-fact to handle bond-related transactions.
Does probate always audit the power of attorney?
To make certain the attorney-in-fact can account for all the funds handled by the attorney-in-fact on behalf of the principal. To make certain there was no abuse of power, self dealing or mishandling of funds. There should always be a detailed record of everything that came in and everything that went out with corresponding receipts. If there is money missing that cannot be accounted for the AIF can be held personally liable.
Can you change power of attorney in a revocable trust?
The answer depends on the details. You should review the document that created the POA for language regarding the powers of the trustee and the trust document for language regarding amendments to the trust. An attorney in fact under a POA acts on behalf of the principal. They may or may not have the authority to change the term os the trust. You should consult with an attorney who can review the POA and the trust document and explain your options especially if you suspect the AIF of self dealing.
Can power of attorney be taken away if not paying bills?
Generally, yes. A power of attorney gives an individual "control" of another's affairs. All the stuff comes with it. The control extends (unless it's limited) over the property and assets including the bank account - and the checkbook. You are acting for another person. Of course you get the bills. Why wouldn't you?
The individual on whose behalf you are acting has the expectation that you will act as s/he would. Take care of business. Do the right thing. All that stuff. A power of attorney tests an individual's character. A wise person would be sure to get more than just a passing mark.
Another PerspectiveA Power of Attorney is often executed for convenience purposes so that an individual, especially an elderly parent, has someone with the authority to act for them on their behalf when and if they need that help. In those cases the responsibilities can be tailored to the needs of the principal rather than creating sweeping responsibilities on the part of the attorney-in-fact. For example, an adult child can make bank deposits and pay bills for their parent during a weekly visit. That does not prevent the principal from doing their own banking or paying their own bills. It all depends on the needs of the principal. A POA executed by an elderly parent can also sit in a file until it's needed. Responsibilities can cover a broad range of expectations and possibilities depending on the situation. Therefore, the POA should be discussed at length between the parties so that each understands the terms of the arrangement.A POA grants sweeping powers and should be drafted by an attorney. Your agent(s) will have complete access to your assets and will need to be capable of keeping a good record of their actions, especially of all the money coming in and all the money going out. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned.
If Elton John was the attorney-in-fact for Oprah Winfrey under a Power of Attorney he would sign a legal document by writing Oprah's name on the signature line and below the signature line should write "by Elton John under POA dated 4/20/2010".
Is a power of attorney allowed to have an ATM card?
Generally speaking, if person A gives a power of attorney to person B, then person B can attend to any or all of person A's business, including banking, in the same manner as person A could do himself or herself, subject to any limitations contained in the power of attorney document itself. For specific legal advice, consult a lawyer in the jurisdiction where the power of attorney was given, preferrably with a copy of the document itself.
Does a Power of Attorney provide authority over the estate?
No. A Power of Attorney expires immediately upon the death of the principal.
Does having power of attorney entitle one to a percentage of the estate?
A POA is primarily granted to another who can sign documents and carry on daily business for the convenience of the principal while they are alive. It expires at the moment of death. It gives no special rights in the estate of the deceased principal.
Is the power of attorney entitled to a percentage of the estate?
A power of attorney has absolutely nothing to do with an estate. All power of attorneys expire on the death of the grantor.
What can a person do that has power of attorney over you?
Giving someone power of attorney generally allows them to act for the person awarding the power. They can sell that person's property, enter into contracts, and make health care decisions if the person is absent or disabled.
Added: The above is true ONLY if the holder of the POA was granted a "general" POA by the grantor. There are also many examples of limited POA's which restrict the holder to exercis their powers ONLY in certain seopcified circumstances (e.g.: a real estate POA for purchasing/selling a home, for instance - a medical POA - etc).
How can a delegation of power of attorney be revoked if principal is incompetent?
The principal is the one that determines when and if a power of attorney is usable. The document itself usually specifies when it can be invoked and for what purposes.
Does the power of attorney have to follow the rules of the will?
The power of attorney ends with the death of the grantor.The power of attorney has no relationship with the will.
A POA does not give the agent the right to convert the property to their own use. You should speak to an attorney ASAP because you will most likely need to sue the person who is stealing the parent's assets. You also need to try to prevent further depletion of the parent's assets.
