If a parent appoints a son to be POA over the mother and the father dies is the POA legal?
Yes, the Power of Attorney (POA) remains legal even after the death of the father, as the authority granted to the son pertains to the mother, not the father. However, the son can only act on behalf of the mother in accordance with the terms of the POA. If the mother passes away, the POA becomes void. It's important to ensure that the POA complies with relevant laws and requirements in the jurisdiction where it was created.
If you suspect that a power of attorney is misusing their authority for personal financial gain, you should first gather any evidence of wrongdoing. Then, consider contacting a lawyer to discuss your concerns and explore legal options, which may include revoking the power of attorney or filing a complaint with the appropriate authorities. Additionally, you can report the situation to adult protective services or a relevant regulatory body, depending on the circumstances. It's crucial to act promptly to protect the interests of the individual affected.
What is it called when a person has no power?
When a person has no power, they may be described as being "powerless" or "impotent." This lack of power can manifest in various contexts, such as social, political, or personal situations, where an individual feels unable to influence outcomes or make decisions. Additionally, terms like "marginalized" or "oppressed" may apply, depending on the circumstances surrounding their lack of power.
Does a general power of attorney have the authority to sign a tax form for the taxpayer?
Yes, a general power of attorney (POA) typically grants the agent the authority to sign tax forms on behalf of the taxpayer. However, the specific powers granted can vary based on the language of the POA document. It's important to ensure that the POA complies with relevant tax laws and regulations, and the IRS may require a specific form, such as Form 2848, for certain tax matters. Always consult with a legal professional for guidance tailored to individual situations.
What happens when a durable power of attorney dies before the principal?
When a durable power of attorney (POA) dies before the principal, the authority granted by the POA generally ends, and the agent can no longer act on behalf of the principal. In such cases, if the principal is still alive and needs someone to manage their affairs, they may need to appoint a new agent by creating a new durable power of attorney. It's important for the principal to regularly review and update their POA to ensure that it reflects their current wishes and circumstances.
To revoke an iCloud account or Apple ID, go to Settings on your iOS device, tap your name at the top, then scroll down and select "Sign Out." You will need to enter your Apple ID password to confirm. If you're looking to delete your Apple ID entirely, visit Apple's official website and follow the instructions for account deletion. Remember, revoking access may lead to loss of data associated with the account.
What is a lasting power of attorney and when does it stop?
A lasting power of attorney (LPA) is a legal document that allows an individual (the donor) to appoint someone else (the attorney) to make decisions on their behalf regarding health, welfare, or financial matters, in case they become unable to do so themselves. An LPA remains in effect until the donor revokes it, the attorney resigns, or the donor passes away. It is designed to ensure that the donor's preferences are respected even when they can no longer communicate or make decisions. However, if the donor is deemed mentally capable again, they can also choose to revoke the LPA.
If an incompetent elderly person has significant assets but lacks a guardian or power of attorney, the court may intervene by appointing a guardian or conservator to manage their affairs. This process typically involves a legal assessment of their competency and the appointment of an individual or organization to oversee their finances and personal care. The court aims to protect the individual's best interests while ensuring their assets are properly managed. If no suitable family members or friends are available, a public guardian may be appointed.
Do both parties need to be present when a Power Of Attorney needs signing in state of Michigan?
In Michigan, both parties do not need to be present at the same time for a Power of Attorney (POA) to be signed. The principal (the person granting the authority) must sign the document in the presence of a notary public or two witnesses. However, the agent (the person receiving the authority) does not need to be present during the signing.
What is Irrevocable General power of attorney?
An irrevocable general power of attorney is a legal document that grants an agent the authority to make decisions and take actions on behalf of the principal in various matters, such as financial and legal transactions. Unlike a revocable power of attorney, this type cannot be easily revoked or canceled by the principal once it is executed, thereby providing the agent with lasting authority. It is often used in situations where the principal wants to ensure that their wishes are followed regardless of their ability to make decisions in the future. This type of power of attorney can have significant implications, so careful consideration is advised before creating one.
Does every page of power of attorney need to be certified?
Not every page of a power of attorney needs to be certified; typically, only the signature page and any pages containing specific instructions or powers granted to the agent require certification. However, it's essential to check the legal requirements of the jurisdiction where the document will be used, as these can vary. Some institutions may have their own policies regarding documentation. Always consult a legal professional for guidance specific to your situation.
A POA valve, or Pressure-Operated Adjustable valve, is a component commonly used in HVAC systems, particularly in air conditioning units. It regulates the flow of refrigerant based on pressure changes, ensuring optimal system performance and efficiency. By adjusting the flow according to the varying demands of the system, the POA valve helps maintain desired temperature levels and prevents system overload. Proper functioning of this valve is crucial for the overall efficiency and reliability of the cooling system.
Do all agents and successor agents need to sign and notarize a power of attorney in New York?
In New York, a power of attorney (POA) must be signed by the principal (the person granting authority) and acknowledged before a notary public. However, agents (the individuals receiving authority) do not need to sign or notarize the POA for it to be valid. Successor agents, designated to act if the primary agent is unavailable, also do not need to sign the document. It is essential for the principal to ensure the POA document is properly executed to be effective.
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.