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
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.
Daughter does not have the power to revoke her father's Power of Attorney unless she has become his legal guardian. She does not have the authority to make herself the attorney-in-fact. However, father has the right to change his attorney-in-fact if he wants to and as long as he has the legal capacity to do so.
Perhaps you should consult with an attorney who specializes in elder law if you are concerned.
A Living Will allows you to indicate your wishes concerning the withdrawal or withholding of life-sustaining procedures if you are in a terminal condition with no hope of recovery or are permanently unconscious.
In a Health Care Power of Attorney you may designate another person (your "Agent") to make health care decisions for you if you are unable to make such decisions yourself sometime in the future.
In an Advance Directive, you can combine features of a Living Will and a Health Care Power of Attorney. It is the most comprehensive of the three choices and allows you to state your wishes about end-of-life treatment and also designate someone to make health care decisions for you.
All health care documents may be affected by state-specific laws. If you have specific legal questions, it is recommended that you contact an attorney who is familiar with your state statutes.
A Power of Attorney is automatically extinguished upon the death of the principal. The will should be submitted for probate now. No one had the right to distribute the property of the decedent until they were appointed the estate representative by the court. If the person who is in possession of the will refuses to submit it to the court then another family member can petition the court to be appointed the Administrator of the estate as if there was no will. The court will appoint an administrator and that person will have the legal authority to collect the property and distribute it to the heirs at law according to the state laws of intestacy.
You should consult with an attorney who specializes in probate law.
How do you get power of attorney of a son that is seeing a psychiatrist every three months?
A power of attorney can only be granted by the subject. A probate court can grant a conservatorship or appoint a guardian.
Does a durable power of attorney need to be notarized in Missouri?
state law declares that the document is presumed to be genuine if it is notarized.
How do you complete notary section for power of attorney?
You have to go to a notary public, present ID, and then sign the document in the presence of the notary public. Then the notary public attaches his/her seal to the document, and signs it. There will be a fee for the service, however, many banks have free notary services for their customers.
Do the siblings vote on appointing a new power of attorney?
Yes, siblings can vote on appointing a new power of attorney but depending on the situation, a lawyer or judge will have to be involved in the final decision. This is to determine which person is best for the group of siblings.
A POA cannot be used to file for the divorce of the grantor or "Principal" of the POA. The person wanting the divorce will need to file for the dissolution of the marriage themselves. If the person in question is not mentally capable of such action then adult guardianship will be required. Obtaining legal adult guardianship is a complexed and rather expensive legal process, the best option is to consult with an attorney who is qualified in elder law in the state in which the elderly person resides. The issue of the sale of the house is questionable, depending upon how the property was titled and the laws of the state in which the property was located. Even so, the abandoned spouse would be entitled to his share according at the very least. It is possible the wife committed a criminal offense that will need to be addressed as well as the civil matters in question.
What act created today's power of attorney?
The concept of the Power of Attorney did not spring from any legislative action. It has been handed down from ancient common law principles. Under common law only males could act as agents since women had very few legal rights in their own right. They could not act as the legally authorized agent of another individual. Common law provided that the principal had to be competent and unable to be present for the planned transaction. A farmer who was busy with the harvest could appoint an agent to represent him for the purchase of land on his behalf. Present day laws that address powers of attorney are codified versions of common laws that were already in existence.
If that person has legal capacity the answer is yes. If the person does not have legal capacity then the court must appoint a guardian.
Is it expensive to get poa for my imcompetent brother?
If by POA you mean power of attorney then yes it can be an expensive, drawn out task of achieving that status. It is done through the courts and the legal costs tend to be on the high end.
The stamp is not necessary in many situations. A hand written statement is sufficient as long as it includes the necessary information.
Can the adult child be the power of attorney without a will by the deceaesed?
A power of attorney is only used to represent a living person. After death, they would apply to the court to be appointed executor of the estate.
Can a power of attorney be made out by the paralegal?
In most (if not all) states, drafting a power of attorney for someone else is the practice of law. It must be drafted by an attorney, or by the staff of an attorney (paralegal or legal secretary) under the supervision of the attorney.
POAs can also usually be drafted by the person signing it (but not by the person who is receiving the power of attorney), since in most instances it is authorized to practice law on your OWN behalf only.
Many states have statutorily authorized forms that can be used by a grantor without an attorney, but if a paralegal independently (without attorney supervision) assists a grantor in filling out the form, this may be the unauthorized practice of law, subject to criminal or civil penalty.
Would cheating on your sick spouse be cause to have power of attorney taken away?
Your spouse can take it away at any time. The court would certainly believe that you would not be representing the best interests of your spouse at that point.
Your entitlement will depend on the will. Or the laws of intestacy if there is none.
Generally, a person who is mentally ill cannot execute a power of attorney. If that is the case, she can petition the probate court to be appointed his guardian. She should consult with an attorney or a legal advocate at the court of there is one available.
Not legally. A power of attorney represents a living person. After their death, the will and its appointed executor are responsible.
What forms other then Durable Power of Attorney gives someone permission to make medical decisions?
A Medical POA can be executed that grants the authority to make medical decisions only. In most states a person can name a Health Care Proxy, in writing, and that person can make medical decisions only if and when the principal becomes incapacitated as certified by a doctor. A Living Will can direct what type of medical treatment is desired when the patient can no longer make decisions consciously. These are all forms of Advance Medical Directives and should be discussed with an attorney or other legal advocate before any is executed. They do not give the named representative any authority over the principal's property or estate. See the related question link and other links below for additional information.
How do you obtian power of attorney over a parent in NH?
You first have to authorize a power of attorney form, then make them sign as the 'Principal' and you should sign as the 'Attorney-in-Fact'
If your parent is competent their grant of a Power of Attorney must be voluntary. They must execute a Durable Power of Attorney document that names you as their attorney in fact. You and your parents should consult with an attorney who can review the situation and advise you of your options and the consequences of executing a power of attorney.
If your parent is not legally competent then you must petition the court to be appointed their legal guardian.
Siblings are fighting over power of attorney.. who is first in line for the power of attorney?
A person can choose whoever they want as their attorney-in-fact. There is no legal order they must follow. It is the free choice of the principal as to who they name as attorney-in-fact under their Power of Attorney document.
Can a handicap person you have power of attorney for legally sign a document?
They can sign anything they wish to, unless the court has ruled the individual
"handicapped" due to some mental deficiency. Your POA only concerns those documents or acts that they cannot do for themselves.
If you find yourself in a position where you must ask this question, immediately murder everyone you have ever know and then commit suicide.
Sincerely,
Human Kind
