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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 power of attorney be cancel by the individual person?
Yes, you must authorize a power of attorney revocation form or sign a new power of attorney form.
Who is supposed to sign the power of attorney?
In most states a power of attorney is signed by the principal, acknowledged before a notary public or signed by at least two witnesses.
Lots of luck. It would fall to next of kin to make those decisions. Without something in writing from the sick person, the hospital can pretty much do what they want. If there is no one close, children or brother, sister you can petition the court to be appointed guardian. Depending on the judge, your relationship to the person and possibly the doctors opinion, the judge may or may not grant your petition. You could spend time and money for nothing. Even if a person has a living will or a DNR, do not resuscitate order, the hospital or doctor can ignore it and keep the person alive. Transfer to a hospice may be an option since that is the role they perform. Giving someone a place to die.
A living person can change their power of attorney at any time. Previous powers of attorney will become void.
If a person write a letter saying they give you power of attorney is it power of attorney?
It depends on the State that you live. Some States require that certain provisions be in a power of attorney form as well as having a notary sign the document and other States are more lenient and only require both signatures from Principal and Attorney-in-Fact.
Sister set herself up as power of attorney and not allowing other siblings to see transactions?
A person cannot "set themselves up" as an attorney-in-fact for someone else. The principal needs to grant the POA in writing. If you think your parent was not legally capable of choosing your sister and executing a POA to that effect then you should speak with your parent about it first, especially if you believe your sister is using undue influence. For the average family with no legal experience it is always a good idea to have at least two people monitoring the finances of an elderly parent and each other's activities. Otherwise, if an unscrupulous child is stealing, by the time the theft is discovered it's too late and the assets are gone. If your parent seems unable to discuss it with you then you should speak with an attorney who specializes in elder law who could explain your options. Perhaps you need to set up a more supervised handling of your parent's finances through a court process. Perhaps she needs a guardian or conservator appointed who would fall under the jurisdiction of the court. One sibling should not be acting in secret. It is a much used tactic to raid an elder's assets and is easily disclosed if a court requests financial records. On the other hand, if she can explain her reasons for choosing your sister then it is her choice. Perhaps she could be persuaded to add another name as a co-attorney-in-fact.
How do you void a power of attorney form in NM?
By executing a power of attorney revocation form. You can download a free one at the related link.
Can the dealer have power of attorney over your title if they financed it?
They will be listed as having a lien on the title. Check the purchase contract carefully to see what their rights are.
You must have someone assign power of attorney to you by a written legal document that must be signed by all parties in front of a public notary.
Is a power of attorney required to disclaim an inheritance?
No. The beneficiary who wants to disclaim an inheritance should contact the attorney who is handling the estate for the proper way to waive their rights in the estate. It may be more complicated if real estate is involved.
What if the agent under a Power of Attorney doesn't keep records?
An attorney-in-fact has sweeping power over the assets of the principal. For that reason they are subject to state laws that govern the actions of fiduciaries. An AIF should maintain careful records and be prepared to show an accounting of all the funds that came into the principal's estate, all the funds that went out and that all the funds that went out benefitted the principal. Courts are particularly intolerant of self dealing by a fiduciary.
The AIF may be called upon at some point to prove they didn't steal assets of the principal especially if the principal is elderly. Other family members can instigate a demand for an accounting through a court order. If the principal is receiving any medical assistance the state can require an accounting. If the principal's funds are depleted and the AIF cannot account for them they could face serious criminal charges.
Will conservatorship override power of attorney?
A conservatorship is granted by a court. It will override a power of attorney.
What kind of attorney can handle a power of attorney?
Anyone can act as a power of attorney for someone else. You do not have to be an attorney
A Power of Attorney is extinguished upon the death of the person who granted it. If the person who was named in the power of attorney used that power after the death of the grantor then any money withdrawn from the bank account of the deceased must be returned to the heirs. Only a duly appointed administrator/executor has the power to withdraw money from the bank account of the deceased unless there was a joint owner with that power. If an estate was filed this should be reported to the executor or administrator. If no estate has been filed, you could try speaking to a bank officer, bring a copy of the death certificate with you. Explain to them that the owner of the account had died before the bank allowed the withdrawal, and ask them to provide dated proof of the withdrawal. They may or may not comply with your request because you have no legal right to that information. They may take steps through their legal department to rectify the situation. You should report the theft to your district attorney's office, provide them with the proof of death and bank records if possible and follow their advice on how to proceed. You may need to petition the probate court to be appointed administrator of the estate.
Can heirs appoint power of attorney to sell heir property?
Yes, heirs can appoint a power of attorney to sell heir property, provided they have the legal authority to do so. This typically requires a formal agreement among the heirs and may need to be documented in writing. The appointed agent can then act on behalf of the heirs to manage the sale process. It's advisable to consult with a legal professional to ensure compliance with state laws and proper execution of the power of attorney.
To revoke a prenuptial agreement, both parties must typically agree to the revocation and create a formal written document outlining this decision. It's essential to consult with an attorney to ensure the revocation complies with state laws and to address any legal implications. In some cases, a new agreement may need to be drafted to replace the original prenup. Additionally, both parties should sign the revocation in the presence of witnesses or a notary, depending on local requirements.
When can a power of attorney not sign for the agent?
A power of attorney cannot sign for the agent when the agent is required to act personally, such as in cases involving the agent's own legal matters, or when specific legal documents or actions mandate the principal's direct signature. Additionally, if the principal is incapacitated and the power of attorney does not explicitly grant the authority to act under such circumstances, the agent cannot sign. Furthermore, if the power of attorney has been revoked or is no longer valid, the agent loses the authority to sign on behalf of the principal.
If you believe the district attorney is pursuing charges against you out of personal vendetta, it’s crucial to seek legal representation immediately. A qualified attorney can help you gather evidence, challenge the validity of the charges, and advocate for your rights. You may also consider filing a complaint with higher authorities, such as the state attorney general's office or a judicial review board, to address potential misconduct. Documenting all interactions and maintaining detailed records can further support your case.
