0
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
That would be a breach of fiduciary duties. It could also be considered a criminal act.
Where can you find a notary that can handle a power of attorney?
Most banks provide notary services for their clients. And most law offices will have many of them around.
Does having power of attorney in oregon still legal in california?
Yes, but you will need to add the California Notary Addendum to make it valid.
How do you sign power of attorney in Colorado?
The Colorado statutory power of attorney form needs to be signed and dated by the principal. It also has to be notarized by a notary public. The Colorado Uniform Power of Attorney Act does not require witnesses to sign the statutory form.
IF the POA document is "Durable", and it granted you the power to transfer your mother's real estate, and it was executed by your mother when she had legal capacity, then you may be able to make that transfer. However, you should seek the advice of an attorney to discuss your options. If the transfer isn't proper it won't vest title in you and your sister and that situation may be costly to correct when you try to sell the property at some future date.
How do you get power of attorney for a mentally challenged adult age 36?
A 'Power Of Attorney' is something that is granted by the individual giving it to up to you. If the person is "mentally challenged" it sounds like what you are seeking is "Guardianship" of the person. You must petition the court and present sufficient proof that this person is in need of having a guardian appointed and that you are the best person to perform the task. The judge will review all the facts and either grant or deny the petition.
What does requisite of legal capacity mean?
it means power or fitness one must possess in order to held responsible for one's conduct
Generally, no. It is unlikely a judge would allow it and more likely that the court documents will need to be sent to the prison. The ones needing any signatures will need to be sent back to the court. See the link for examples of more pertinent information.
https://www.illinoislegalaid.org/legal-information/your-spouse-jail-or-prison-and-you-want-divorce
How do you petition the courts to discontinue a power of attorney?
Write a letter to the court that granted the power of attorney. They will revoke it and appoint someone else if needed.
YES. THE HOLDER OF THE POA OWES A FIDUCIARY DUTY TO THE CONSERVATEE (MOTHER) TO HANDLE BUSINESS IN A "BUSINESS-LIKE OR PRUDENT" FASHION. ANY ACTIONS TO THE CONTRARY ARE CONSIDERED "SELF-DEALING" IF NOT OUTRIGHT EMBEZZLEMENT OR FRAUD PUNISHABLE IN CRIMINAL AND OR CIVIL COURTS. CONTACT AN ATTORNEY IF YOU THINK THIS IS GOING ON. EXAMPLE: HOLDER OF POA SUDDENLY SHOWS UP WITH NEW CAR WHICH WAS PAID FOR OUT OF ACCOUNT OF "ALZHIEMER'S" SUFFERER.
You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.
You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.
You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.
You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.
No if it is for your will they speak for you when you are no longer here. If it is a health power of attorney they may speak when you are alive and only for the good of you health,and only when you can not make a rational decision.
Your father's estate is responsible for paying the funeral expenses from his assets. The expenses and debts of the estate must be paid before any distribution is made to any of the beneficiaries. Therefore the funeral expenses must be paid before the beneficiary receives her portion from the estate.
What is the difference between power of attorney and letter of authority?
A letter of authority authorizes some specific type of action, such as a withdrawal from an account. Power of attorney gives a more general authority to act legally on behalf of another person.
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.
If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.
If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.
If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.
If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
If I am power of attorney can I prepay for funeral expenses for my father?
Yes I have done this for my Parents and your can get with the Funeral Home and Cemetary and Pay for everything even the opening and closing of the grave
Don't want to be a medical power of attorney?
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.
Estates do not use power of attourney, they are managed by the executor(s) named in the will. It is the executors LEGAL DUTY to do what the will instructs - if an executor does not want to do this then a court will need to decide what to do.
Where can I get a power of attorney form to allow a relative to handle my real estate in California?
You can obtain the form you need from any atttorney who is able to practice in California. They will be able to assist you in the proper paperwork.
Can my brothers girlfriend file for power of attorney?
You do not file for power of attorney. This is a power that one person grants over themselves to another person. If the girlfriend would like to give you power of attorney over her, she need only obtain the proper documents and execute them.
The power of attorney will have control of the property as long as the individual remains living. The life estate and the power of attorney expire on the death of the grantor.
Iodine Iodine
Does Durable Power of Attorney over ride general power of attorney?
A general Power of Attorney gives the attorney in fact the authority to perform certain specified acts on behalf of the principal. A General Power of Attorney expires if the principal becomes incapacitated.
A Durable Power of Attorney gives the attorney in fact the authority to perform certain specified acts on behalf of the principal even if that person becomes disabled or legally incapacitated. A Durable Power of Attorney doesn't expire until the death of the principal.
General and Durable POAs grant sweeping powers unless the powers are specifically limited to those powers listed in the document. Limited POAs can also be executed that allow an attorney-in-fact to perform only a certain task on behalf of the principal. For example, a person serving in the military may grant a spouse or attorney a limited POA in order to sell a home.
How does the family take control over from the Power of Attorney when the ward has Alzheimer?
They would have to prove to the court that the POA was awarded AFTER the effects of the Alzeheimer's had become a factor in the ward's mental processes. If it was awarded BEFORE the ward manifested the illness this might prove a difficult burden to overcome.
This depends on the wording of the Power of Attorney. Any POA can specify how and when an alternate can act even if the primary attorney in fact is alive and able to serve. However, in a standard type of POA, the wording probably says the alternate can act only when the primary agent has died or is incapable of acting. Not being "there" temporarily probably would not constitute being unable to act so as to enable the alternate to act.
