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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
You can first ask your dad to revoke the power of attorney that appoints your sister as the agent. You do that by using a revocation of power of attorney form. Then he can file a new power of attorney that appoints you as the agent.
Does a power of attorney pay funeral bill?
if there are no executors and the power of attorney relates to financial power then yes. If there are executors and you have financial control, then you should make out a cheque to cover the funeral bill and hand it to the executors obtaining a receipt.
United States
No. A POA expires upon the death of the principal. Generally, the attorney in fact has no right to access accounts or other assets once the principal has died. In order to obtain authority over the decedent's estate the former AIF must petition the probate court to be appointed the estate representative. The funeral expense is a debt of the estate and the decedent's debts must be paid before any assets can be distributed to the heirs.
Note: In some states an individual is allowed by law to designate an agent to carry out their wishes for burial or other disposition after death. See related link.
What is executive power of attorney?
Executive power of attorney means that an attorney was appointed to handle a will. There are other instances where this can be enforced as well.
A Power of Attorney expires when the principal dies.
As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
A Power of Attorney expires when the principal dies.
As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
A Power of Attorney expires when the principal dies.
As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
A Power of Attorney expires when the principal dies.
As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
Which type of authority is based on the actions words or deeds of the principal?
The type of authority based on the actions, words, or deeds of the principal is called "apparent authority." This occurs when a principal's behavior leads a third party to believe that an agent has the authority to act on their behalf, even if such authority has not been formally granted. Apparent authority can create binding obligations for the principal, as it relies on the perceptions formed by the third party.
Can you explain to me the meaning of Michigan living will?
This isn't a Michigan thing specifically, but a living will gives power of attorney to a designated person should you become incapacitated with little hope of recovery. You can also specifiy that you don't want measures taken to resuscitate you under those circumstances.
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.
The following is an edited excerpt from a booklet published by the Ontario Ministry of the Attorney General in 2008 dealing with the subject of Powers of Attorney. The following is provided for general informational purposes only. The law relating to Powers of Attorney may vary considerably from one jurisdiction to another. For legal advice, consult a lawyer. JOINT OR SEPARATE ATTORNEYS You can name more than one person as your attorney for property. If you do this, you may decide whether they will share the job or divide their responsibilities. Or, you could name one person as your attorney and another person as a substitute or backup who could step in if your first choice resigns, gets sick or dies. If you have appointed more than one attorney, the law will require them to make decisions together unless you specifically give them permission to act separately. You can give permission to act separately by writing it down. If you don't do this, your attorneys will be required to act together all the time. There are some good reasons for giving your attorneys the flexibility to make decisions separately. Think, for example, about what would happen if one of your attorneys was temporarily unavailable because of sickness, vacation, or some other reason. If your attorneys are allowed to act separately, this will not be a problem. On the other hand, you may decide not to give this permission if you want to ensure that there is always a "double-check" regarding the decision. You may also wish to avoid the risk of inconsistent decisions that may occur as a result of attorneys acting separately. If you decide that your attorneys are going to make decisions together, it's a good idea to specify how disagreements get resolved. You might say that in a case of conflict, one attorney's decision will override the other's. Otherwise, your attorneys might have to go to Court and the judge will have to decide. If you have named more than one attorney and you want them to be able to act separately from one another, write the words "jointly and severally." ("Jointly and severally" is a legal term which means "together and separately.") If you don't do this, your attorneys will be required to make your financial decisions together at all times.
Your question contains numerous inconsistencies. No one is a beneficiary under a Power of Attorney. A POA expires upon the death of the person who granted it. No one has any rights in an estate until the estate has been submitted to probate court and an executor or administrator has been appointed by the court. The estate must be distributed under the supervision of the court according to the provisions in the will and the state probate laws, or, according to the state laws of intestacy if there is no will.
If you were legally adopted and your adoptive parent has died then you may have rights to a share of the estate even if you were omitted from the will. You may have a right to claim against the will or you may have a claim under the laws of intestacy if there was no will. You should consult with an attorney in your area who specializes in probate. She/he could review your situation and advise you of your options under your state laws.
The concept of "next of kin" is used only when no other instrument exists to determine control of an estate, make medical decisions, and so on. If a power of attorney has been properly executed and is in effect, then it supersedes any next-of-kin determinations.
What should you do if elderly parents refuse to assign power of attorney?
The party wishing to hold POA must petition the court for a competency hearing to determine if the elderly couple need someone to handle their affairs. This is not a simple nor unemotional action and should not be entered into unless their is substantiated proof that the persons in question are not mentally competent enough to make good decisions concerning their financial and physical well-being. The best option is to discuss the matter with a qualified individual (family physician, minister, social worker, etc.) for further guidance before becoming involved in any litigation.
How To Get A Power Of Attorney In Maryland?
Many states provide statutory power of attorney forms for financial and medical matters that are easy to understand and you only need to fill in the blanks and sign it. You can find these statutory power of attorney forms at businesses that sell legal forms.
Who is more powerful the person with will power or the person with power of attorney?
It depends on whether the person is living or dead. A power of attorney represents a living person. After their death, the power of attorney is no longer valid. Then the Executor takes over.
How do you get power of attorney of your mother who has been detained under the mental health act?
A person under care for mental health issues may not have legal capacity to execute a Power of Attorney. You should consult with an attorney. You may need to petition the court to be appointed the guardian.
First, the Durable Power of Attorney was extinguished when the principal died. You can no longer use it. The authority to handle the estate assets is in the executor.
If no beneficiary was named on the life insurance policy then the proceeds will be made payable "To the estate of Jane Smith". In that case the proceeds are part of the estate. The appointed executor would have the authority to cash the check and pay the funeral expenses.
What if you don't want to be a power of attorney?
Then you do not have to be, you can either sign a power of attorney revocation form if you already have authorized a POA form or you can just not sign the POA form if you are being asked to be power of attorney.
Can a power of attorney prohibit visitations?
An attorney-in-fact under a Power of Attorney has no power or authority over their principal. They operate at the request of the principal and for the convenience of the principal. They have no power to prohibit visitations. Perhaps you could add more details on the discussion page.
You really should see a lawyer, and have him/her draw up the appropriate documentation that indicates you as the Power of Attorney. The document then must be signed by your mother. The fact that your mother and you live in separate states is not an issue. However, make sure you understand that the laws that apply in New Jersey may not apply in New York. You must understand the laws and procedures of the state your mother is residing in. Your lawyer should be able to appropriately advise you.
Viper1
He can rescind the Power of Attorney, depending on how it is worded.
He should speak to a lawyer, preferably the one who drew up the Power.
Yes but they should have an original signed copy of the POA in their possession and contact the court prior to the hearing to ask if there will be any other documentation required.
Yes but they should have an original signed copy of the POA in their possession and contact the court prior to the hearing to ask if there will be any other documentation required.
Yes but they should have an original signed copy of the POA in their possession and contact the court prior to the hearing to ask if there will be any other documentation required.
Yes but they should have an original signed copy of the POA in their possession and contact the court prior to the hearing to ask if there will be any other documentation required.
No. Any legal document should not be witnessed or notarized by an individual who will benefit from the document. An attorney-in-fact benefits from a POA because it gives the attorney-in-fact complete authority over the property of the principal.
How do I write a Power of Attorney resignation letter?
You should have an attorney make a Power of Attorney resignation letter. If there is no attorney, you will write up a letter expressing your desires and have it notarized.
Do you have to revoke a power of attorney?
It would depend on the situation. Some have a specific end date in them. And after the grantor's death, the power of attorney is no longer valid.
How do you revoke a power of attorney and how much does it cost?
The principal must revoke a POA in writing and deliver it to the attorney-in-fact. Copies should also be delivered to any facility, such as a bank, where the POA has been used. There is no cost involved.
If the POA was used to transfer real property then a copy of the revocation must be recorded in the land records office and the recording fee varies from state to state.
