Power of Attorney

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.

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.

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.

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.

Many Texas courts have forms available online. To see if your county has such forms online, go to the Texas Court Forms Directory related link and search for your county. Although, the State does not provide the wide range of power of attorney forms that are still legal in the state of Texas. Such as the: Durable, General, Medical, and Limited Forms.

See below links:

If the principal is mentally capable but physically unable to sign their name any mark will suffice as their signature. It must be witnessed. In order to protect the POA from being challenged later this particular POA should be drafted by an attorney.

No. You cannot be named attorney in fact for someone who is legally incapacitated. If she cannot comprehend the nature of her actions, and the consequences of executing a power of attorney, then she cannot lawfully execute a POA. If that is the case you must petition the probate court to be appointed a legal guardian. See related question link.

A "power of attorney" refers to a written instrument, executed by one person (the principal) that allows another person (the attorney in fact) to act on their behalf.

If the principal dies the power of attorney is extinguished.

If the attorney in fact dies the principal must execute a new power of attorney that names a new attorney in fact.

Not necessarily If you can do it yourself then it will not cost you anything. If you have an attorney do it, there will be a reasonable and legitimate charge for the time the attorney has devoted the service you requested. In the event that the power of attorney has to be recorded in state recording offices there will be a charge for the recording fees and there may also be a charge if the previous power had been recording and now has to be cancelled of record.

The general concept here, for one party to act for another, is called "agency", or "principal-agency" where the agent works for the principal based on the principal's grant of authority.

Sales agents, commission agents, travel agents....all have some authority like that.

When a court enters an order for someone to act on behalf of someone who is disabled, that kind of "agent" is usually called a "guardian".

When someone is asked to oversee, invest or administer funds or property for the benefit of third parties like children and grandchildren under some kind of agreement, that overseer/administrator is usually referred to as a "trustee".

I hope this gives you a basic idea.

The most appropriate way is to give written resignation to the person or entity that granted the power. if this is a court ordered or supervised situation, then it may take a motion to withdraw. It's all about giving proper and fair notice of your intended action so a replacement can be installed in and orderly fashion. There may be a statutory form that is required.

Any power of attorney expires upon the death of the principal. In some states a principal may grant the authority to:

(1) authorize an autopsy,

(2) donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes, and

(3) direct the disposition of your remains

However, that power must be specifically granted and once those tasks are completed there is no power remaining and the power of attorney is expired. An administrator or executor must be appointed by the court to settle the decedent's estate.

well, assuming the two are still married... the spouse is always the one the doctors (or whomever you're reffering to) asks permission to do whatever they need to do..unless the family detests it and they can try to get themselfs the power of attorney. however it could be different in other countrys/states im from u.s.a california and thats how it is here.

Why would you want to sign a birth certificate?

As long as they are competent, they can still sign for themselves. They can also revoke the power of attorney at any time.

No. A POA can only be executed by the principal and it ends upon the death of the principal.

A power of attorney is legally sufficient if all of the following requirements are satisfied:

(a) The power of attorney contains the date of its execution.

(b) The power of attorney is signed either (1) by the principal or

(2) in the principal's name by another adult in the principal's presence and at the principal's direction.

(c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.

As I understad the question I am reading it as so. Your father had a power of attorney over your bank account. Your father died and you wish to find out what has happened regarding your bank account. First your father would no longer be your attorney in fact do to his death. If this was something that you did you can often revoke a Power of Attorney and then you would have full control over the account. If this was court ordered do to some sort of legal incapacity that made you unable to handle your financial affairs a new POA needs to be assigned and they can take over your account.

POA's can only be obtained if the grantor is willing and is mentally capable of understanding the nature of the procedure. In cases where the mentally incapacitated person needs assistance and cannot grant POA the interested party must apply for adult guardianship through the appropriate state court (usually probate). Adult guardianship is expensive ($3,000-$5,000) and often complicated as the legal definition of incompetency is not necessarily compatible with the medical definition of such. A competency hearing is required in almost every state. Also in every state the person(s) applying for guardianship must retain legal counsel and the person in question must have a Guardian Ad Litem appointed by the court. The best option is to obtain legal advice from a qualified attorney.