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.

2,080 Questions
Power of Attorney

Can power of attorney be taken away if you become mentally ill?

  • Yes, Power of Attorney can be taken away if that person is mentally ill and the family of the person that requested the Power of Attorney deems fit to have that power taken away from the Power of Attorney. The Power of Attorney is an important action to look after particularly the financial affairs; bill paying, etc., of a sole person.
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Estates
Probate
Power of Attorney

Does guardian of estate have more power than administrator of estate?

No. A guardian of an estate is the person appointed by the court to manage the property of a living person (the ward) who is incapable of managing their own property. The guardian's power and authority expire immediately upon the death of the ward but the guardian must file a final account with the court that details any assets that came in to the ward's estate since the last account and any that went out.

The administrator of an estate is the person appointed by the court who has the authority to settle the estate of the decedent, or the person who has died. The administrator has the responsibility and authority to file an inventory of the decedent's estate with the court and has the legal standingto file a motion to compel the guardian to file their final account.

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Power of Attorney

Can a executor gives someone else Power of attorney?

Once the executor has been appointed by the court they can appoint an agent by filing a notice with the court. This is usually done when the executor lives at some distance from the court.

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Disability Issues
Power of Attorney

Can a handicap person you have power of attorney for legally sign a document?

They can sign anything they wish to, unless the court has ruled the individual

"handicapped" due to some mental deficiency. Your POA only concerns those documents or acts that they cannot do for themselves.

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Debt Collection
Power of Attorney

Is durable power of attorney responsible to creditors before death?

If the attorney-in-fact is responsible for paying the principal's bills there may be an investigation if there are unexplained unpaid debts remaining after the death of the principal a court can order an accounting and the attorney-in-fact will be required to provide a record of all the money that came into the principal's (living) estate and an account of all the money that went out. An attorney-in-fact who mishandles a principal's assets will be held personally liable for damages and repayment and may face criminal charges.

An attorney-in-fact who performs their duties properly is not personally responsible for any debts of the principal unless they agreed so in writing.

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Power of Attorney

Can a power of attorney request bank statements?

Yes but the bank will request a copy of the POA.

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Power of Attorney

Does power of attorney also include signing on another's behalf?

Not also, that is exactly what an attorney-in-fact does under a Power of Attorney.

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Power of Attorney

How do you obtain power of attorney over a parent?

A power of attorney can only be granted by a person who has legal capacity. If your parent is competent, which is described as a medical physician stating that you are able to think for yourself with an open and clear mind, they must voluntarily execute a POA document.

If your parent is incapable of making their own decisions you need to petition the probate and family court to be appointed as guardian. You will then serve as legal guardian under the supervision of the court. You should consult with an attorney who can review the situation and explain your options.

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Deeds and Ownership
Power of Attorney

Can my attorney in fact under my power of attorney sign a deed to my property with my permission?

Yes, if the power of attorney gives them the right to sign for property. Read carefully what you sign. If you have already signed one and now feel unsure, revoke it immediately. Consult an attorney quickly if they have already sold your property without your consent or knowledge.

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Power of Attorney

Is a birth certificate a power of attorney?

No. A birth certificate is an official record of your birth.

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Power of Attorney

Can a power of attorney sign a birth certificate?

Why would you want to sign a birth certificate?

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Power of Attorney

Can you sue on behalf of someone with a power of attorney?

No you can not.

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Power of Attorney

Can power of attorney cash draw my sister's bank account?

An attorney-in-fact under a Power of Attorney has complete access to the principal's assets including bank accounts.

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Power of Attorney

I do not want to be my mothers power of attorney any more?

If you mother is of sound mind and can speak for herself then tell her you don't want to be Power of Attorney. If your mother can't speak for herself and there is another capable person to carry out this duty then change it through a lawyer.

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Power of Attorney

Does the power of attorney terminate after death by Kentucky laws?

Yes. A Power of Attorney expires upon the death of the principal.

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Power of Attorney

Can the person with power-of-attorney change the beneficiary of the life insurance policy even if the insured is not incapacitated?

Depends on how much authority is given in the power of attorney.

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Power of Attorney

Does power of attorney need to be notarized in NY?

Yes. A Power of Attorney must be notarized. In fact, the laws have been updated in New York and both the principal and the agent must sign. A POA grants sweeping power over all the principal's assets. The principal should always consult with an attorney who can draft a POA that meets the needs of the principal and who can explain the consequences of executing a POA.

The laws that govern Powers of Attorney are changing to reflect an increase in the financial exploitation of elders. A good example is New York where changes were made in 2009.

Those changes include:

  • A requirement that the agent also sign the POA document.
  • Limiting the power to change beneficiaries and make amendments to trusts.
  • Requiring the agent to maintain a record of all receipts, disbursements, and transactions entered into by the agent on behalf of the principal.
  • Requiring the agent to make records available within a certain time period when requested by a co-agent, certain governmental entities, a court evaluator, a guardian, or a representative of the principal's estate.
  • Special court proceedings to compel an agent to produce the record of receipts and disbursements and for various other purposes.
  • A mechanism for forcing the agent to provide an accounting of the principal's assets and income.
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Power of Attorney

How do you find out exactly what is being squandered by a sibling who has power of attorney over your mother when you have no access to the accounts?

If you know or strongly suspect your mother's assets are being squandered You can bring an action in court and ask the judge to order the attorney in fact to provide an accounting. You can also petition the court to be appointed your mother's guardian if she is unable to manage her own affairs. The appointment of a guardian or conservator would extinguish the POA. It would be helpful to arrange a consultation with an attorney who specializes in elder law if possible.

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Power of Attorney

What does a general power of attorney allow one to do?

Normally, a person gets power of attorney over someone who is incapable to make decisions for themselves.

For example, if you are in a coma, somebody has to make your decisions for you.

One who has power of attorney can decide what kind of medical treatments you will undergo.

For example:

Alan and Barb are married. Alan is in a terrible car accident and goes to the hospital. Barb has power of attorney. Barb can allow the doctor to let Alan die naturally, or she can give the doctor to provide life saving treatment.

This demonstrates the importance of a living will. A living will gives directions about what kind of care you want to receive. For example, I have a living will that states that if I am a vegetable with no chance of recovery, I do not want to be placed on life support. I also list my wife and my father as having power of attorney, because I think that they will follow my wishes if I can't say what I want.

Another View: A "General POA" has nothing to do with the ability to manage the medical affairs of the grantor.

"A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate." (source: see below link)

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Power of Attorney

Can a commissioner of deeds notarize a power of attorney?

A Commissioner of Deeds is a Notary. So, the answer is Yes.

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Alzheimer's Disease
Power of Attorney

Can a person grant a Power of Attorney after they have been diagnosed with Alzheimer's?

That would depend on the cognitive ability of the patient. Some people with AD still retain the ability to comprehend such an issue. Others might be cognizant at the time the document is signed and deny later that they agreed. In many states if POA has not been validated before the diagnosis, a spouse or family member must apply for adult guardianship through probate court. Each state has specific laws concerning legal issues relating to persons who are mentally impaired. Consulting an attorney who specializes in Elder Law might be the best option.

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Power of Attorney

Can power of attorney be used in criminal case?

Used HOW ? An individual, whether they have POA or not, cannot appear instead of, or testify on behalf of, another person.

This question is not complete , as POA holder get certain right gain from person who signed POA. In criminal case accused is liable for number of things, and these liabilities are absolute . POA gives certain right to advocate so advocate is competent to take some action on behalf of accused, entire liability remains with accused no transfer or delegation is possible.

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Estates
Power of Attorney

As your mother's general power of attorney and with the house deeded to your brother sister and you as tenants in common with your mother's life estate can you sell it with your signature only?

No. If your sister/brother have the deed and the house has been signed over to them then it's theres. If your mother is still living and of sound mind, there is a possibility of her changing that (dependening on the circumstances.) If your mother has passed on then you can "contest the will" and this means you feel things are unfair. You have a right to see the Will and perhaps your mother has requested that the house/property have been sold and divided equally amongst her children. Often siblings can take full advantage of the elderly parents and it's called greed. Some siblings will take over as Power of Attorney to protect their elderly parent(s). This gives you the right to pay their bills, watch over medical expenses, etc., but as far as the Will the laws basically stop there as Power of Attorney. I suggest you get legal counsel on this problem and get to know your rights.

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Power of Attorney

Who can witness a power of attorney?

Anyone except the Notary who notarizes the paper.

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Power of Attorney

Does a Power of Attorney grant the right to write a will for the principal?

No. An attorney-in-fact cannot write a will for the principal.

No. An attorney-in-fact cannot write a will for the principal.

No. An attorney-in-fact cannot write a will for the principal.

No. An attorney-in-fact cannot write a will for the principal.

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