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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.
813 Questions
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?
"Jointly and severally" means that multiple individuals named in a power of attorney have the authority to act on behalf of the person granting the power of attorney. This means that each person can individually act and make decisions without consulting the others, but all parties are collectively responsible for the actions taken.
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?
To write a power of attorney document, you'll need to follow these steps:
- Start by identifying yourself as the principal and state that you are of sound mind and voluntarily granting power of attorney.
- Clearly state the names and details of the person(s) being granted power of attorney, specifying the heirs of the deceased mother.
- Outline the powers and responsibilities granted, such as managing financial affairs, making healthcare decisions, or selling property.
- Include a clause specifying when the power of attorney will take effect and any limitations or conditions that apply.
- Sign the document in the presence of a notary public, and have the appointed individuals sign as well.
- Provide copies of the document to all parties involved, and consider consulting an attorney for guidance to ensure it complies with local regulations and meets your specific needs.
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, it is possible for three people to be appointed as agents under a power of attorney. This is known as a joint agency. However, it is important to note that all three individuals must act together and make decisions unanimously unless the power of attorney document specifies otherwise. Additionally, it is advisable to consult with an attorney to ensure that the power of attorney document is properly drafted and executed.
My father has alzheimer's and he needs a Power of Attorney how do I go about it?
To establish a Power of Attorney for your father, you will need to follow these steps:
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Research the requirements: Understand the laws and regulations regarding Power of Attorney in your jurisdiction to ensure you meet all necessary criteria.
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Choose an attorney or legal document service: Find a professional who can assist in preparing the Power of Attorney document or use an online platform that specializes in legal documents.
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Determine your father's capacity: Verify that your father has the mental capacity to understand and sign the Power of Attorney document. If not, other legal avenues such as guardianship may be necessary.
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Draft and execute the document: Work with the attorney or online service to draft the Power of Attorney document. Sign it in the presence of witnesses, adhering to legal requirements.
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Register and provide copies: Depending on local regulations, you may need to register the Power of Attorney document with relevant authorities. Provide copies to necessary parties such as banks, medical professionals, or housing providers.
Remember, seeking guidance from an attorney experienced in elder law or a legal professional specializing in estate planning can ensure the process is smooth and legally sound.
How long does probate court take to change from power of attorney to executor?
The duration of the probate court process can vary depending on various factors such as the complexity of the estate, any contested issues, and the efficiency of the court system. In general, it can take several months to a year or more for the court to transfer authority from a power of attorney to an executor. It is advisable to consult with an attorney familiar with probate laws in your jurisdiction for a more accurate estimate.
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.
Does power of attorney supersede next of kin?
Yes, as long as the principal is living and the power of attorney is durable. Once the principal dies the POA is extinguished and the estate must be probated. The court will appoint an estate representative.
On the other hand, if the principal is incapacitated the family can petition the probate court to appoint a guardian and if granted, the guardianship will supersede the POA and the POA will be extinguished.
Can the person having power of attorney override an executor's decision?
No, generally, an agent under a POA cannot make changes to testamentary instruments (wills). Once the testator has died the POA is extinguished and the named executor must be appointed by the court. Besides the testator, while living, only a judge can make changes to a testator's will.
What does it mean that someone has power of attorney over a bank account?
Giving someone financial power of attorney is an effective legal way to hand over one's financial management to someone else, in case one becomes unable to take responsibility for one's own financial decisions.
