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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
Can a power of attorney sign a last will and testament?
No, a power of attorney may not execute a will.
Is financial power of attorney a public record?
It depends if the Power of Attorney was recorded in the Public Records of your County. Most are not, but if it was used to transfer real estate, it just might be. Check on line at the Official Records Division of your local County Clerk's Office.
What is the purpose of a durable power of attorney?
A power of attorney grants the attorney-in-fact the power to act in your place as if you were doing whatever the power grants. A power can be durable - continues in effect if you become incompetent, springing - takes effect only if you become incompetent, limited - only authorizes acts related to one or a few things, such a care fir child place in the attorney-in-fact's custody, or a real estate transaction, or limited in time, such as when you are out of the country on vacation.
Does power of attorney need to be notarized in NY?
The format is pretty straight forward. It requires a notary and witnesses, but not an attorney. However, if someone else is urging you to create one, it would be a good idea to consult an attorney to insure you are not creating a large risk to yourself.
Caveat
Unless you are absolutely sure about what you're doing and fully informed about the consequences, you should consult an attorney. A POA grants sweeping powers to your attorney-in-fact. They will have complete access to your assets and will need to be capable of keeping good records. They should keep an account of all the money coming in and all the money going out by their hand. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned.
A medical power of attorney will enable your agent to make medical decisions on your behalf if you should become unable to make those decisions for yourself.
Does power of attorney make you responsible for the disabled person's bills?
No. A power of attorney expires upon the death of the principal. The decedent's estate is responsible for paying the debts. A qualified person must petition the probate court to be appointed the estate representative. Once they have been appointed, they will have the power to pay debts.
Can the mother of your adopted niece revoke a power of attorney?
People can dispute whatever they want. But, assuming the power of attorney was for you if you become incapacitated or incompetent and named your mother as your power of attorney in that instance, she'll lose if she disputes it. You can name whomever you want as your power of attorney and no judge anywhere would rule otherwise.
How do you obtain a power of attorney for a sibling who is mentally disabled?
A mentally incompetent person cannot grant a POA to anyone.
The person wishing to take the responsibility for the welfare of a mentally challenged individual must petition for adult guardianship through the proper court procedure as required by the state in which the incompetent person resides.
Obtaining adult guardianship is a complicated procedure and requires representation by legal counsel for all parties involved. In such matters the court appoints an attorney for the person who is deemed to be incapable of conducting his or her personal and/or financial affairs even if the person is under the supervision of a qualified state social service agency/health care provider.
If the person was of sound mind when they made out their 'last' Will and Testement then it's legal and binding. Most people do so earlier on before they become very ill.
Can court magistrates grant power of attorney for incompetant person?
In some cases, the court Magistrates are able to grant Power of Attorney for an incompetent person. What a magistrate can and can't do varies by local laws.
Can a bother change a will that his mother wrote in Mississippi he is a power of attorney?
I don't know specifically about Mississippi law, but it is highly doubtful. Probate Codes typically are clear about the requirements of a Will, which require action on the part of the testator (person making the will). For example, it must be wholly in the testator's handwriting, or, if not, signed by the decedent or by someone at his direction in the presence of two (or more, depending on the state) witnesses. A power of attorney is usually drafted with general language which I don't believe would be construed to be specific enough to reach the conclusion that the brother signed the document at the decedent's direction.
No. The principal is the person who appoints their own attorney in fact under a power of attorney. If their AIF cannot act for any reason the principal must appoint an alternate. An AIF cannot appoint an alternate AIF with all the original powers granted by the principal
The exception would be if in the original power of attorney document the principal granted the AIF the specific power to appoint an agent to act in his/her stead. For example, that power may be granted in a POA for a principal who owns property in another state. That would allow the AIF to appoint an agent to market the property in the other state and then if the property is sold the agent would send the deed of sale to the AIF for signing.
No. The principal is the person who appoints their own attorney in fact under a power of attorney. If their AIF cannot act for any reason the principal must appoint an alternate. An AIF cannot appoint an alternate AIF with all the original powers granted by the principal
The exception would be if in the original power of attorney document the principal granted the AIF the specific power to appoint an agent to act in his/her stead. For example, that power may be granted in a POA for a principal who owns property in another state. That would allow the AIF to appoint an agent to market the property in the other state and then if the property is sold the agent would send the deed of sale to the AIF for signing.
No. The principal is the person who appoints their own attorney in fact under a power of attorney. If their AIF cannot act for any reason the principal must appoint an alternate. An AIF cannot appoint an alternate AIF with all the original powers granted by the principal
The exception would be if in the original power of attorney document the principal granted the AIF the specific power to appoint an agent to act in his/her stead. For example, that power may be granted in a POA for a principal who owns property in another state. That would allow the AIF to appoint an agent to market the property in the other state and then if the property is sold the agent would send the deed of sale to the AIF for signing.
No. The principal is the person who appoints their own attorney in fact under a power of attorney. If their AIF cannot act for any reason the principal must appoint an alternate. An AIF cannot appoint an alternate AIF with all the original powers granted by the principal
The exception would be if in the original power of attorney document the principal granted the AIF the specific power to appoint an agent to act in his/her stead. For example, that power may be granted in a POA for a principal who owns property in another state. That would allow the AIF to appoint an agent to market the property in the other state and then if the property is sold the agent would send the deed of sale to the AIF for signing.
How do you fight to get the power of attorney taken from someone?
You would need to bring a lawsuit to a court of equity and provide evidence to the court that the attorney in fact is mishandling the principal's estate, or the principal is legally incompetent, or some other reason that would compel the court to extinguish the POA.
You should also consider that the appointment of a guardian by the probate court would extinguish a POA.
Can the same person be named as inheritor and act with power of attorney?
A person can be appointed Power of Attorney by the individual or a court. Once they die, the PoA is no longer valid. Anyone can be named as an inheritor, even if they were the PoA.
What does 'POA' mean on sales?
In sales, 'POA' stands for "Price on Application." It indicates that the price of a product or service is not listed publicly and must be obtained by contacting the seller directly. This approach allows sellers to negotiate prices based on specific customer needs or circumstances. It is often used for high-value items or services that may require customization.
YES
If you agreed in your settlement to give them possession and or salvage rights on the vehicle, then "Yes", they certainly can take it based on that agreement whether or not you susequently withheld the title. They can always apply for a replacement title if needed based on your settlement agreement. A power of attorney is not necessary.
If you intentionally tried to encumber that companies ability to take possesion of the vehicle after you agreed and accepted the settlement offer and have received the agreed compensation, then you are actually illegally depriving them of their salvage rights and could possibly open yourself up to legal issues involving theft by conversion.
yes and no, they can (if they got permission from you) move the vehicle to a storage free location...they cannot however, dispense the salvage (sell the vehicle) until they have the required forms/titles from you.....
Is a social security number needed for a power of attorney?
Yes. A Power of Attorney is a legal document. Both thePrincipaland Agent (stated in the Power of Attorney document) will need Social Security numbers. The "Principal" is the person giving legal permission for another person to act his/her behalf. This person is usually known as "Agent" or "Attorney-in-fact."
When the principal die the irrevocable power of attorney is valid or invalid?
when the principle die the irrevocable power of attorney is valid or invalid
Who normally has power of attorney when someone dies and leaves a will?
When someone dies and leaves a will, it does not always state who has power of attorney. To gain power of attorney, one would need to complete a form, naming the person they wish to pass power of attorney to.
How do you sign when you have power of attorney in California?
When you are signing a check for power of attorney in California, you must sign the person's name you are representing, then below write,"by (your name) Acting as POA"
If the power of attorney (POA) was correctly drawn up, if the signature is valid and other legal things then your step-mother is entirely within her rights. In some ways that is what you father agreed to when he gave up legal control. In many transfers the POA is checked to make sure the person signing the transfer documents appears to have the power to do so. They may or may not have obtained title insurance to protect the transfer. I would speak to a lawyer to see if there are any issues or reasons to believe that the transfer is invalid. Your father's signature is not needed on the title documents if the POA is valid.
Can a Power of Attorney stop a beneficiary from getting a copy of a mother's will?
You may need to hire a lawyer and go to court to get access, but a power of attorney does not allow this.
The executor of the will may not be allowed to release the details, or a copy to protect the privacy of the deceased and the arraignments made for other beneficiaries.
To get a copy you may need to sue and show wrongdoing to get access.
