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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

What if your husband gave his son power of attorney what rights do you have as his spouse?

Your husband's general Power of Attorney doesn't affect your rights as his spouse. You can't sign his name without a POA so his appointing his son as his attorney-in-fact doesn't affect your rights. His son can sign for him in his business matters.

If it is a medical POA then he has given his son the right to make medical decisions for him that would over-ride your right to make those decisions. A health care POA only goes into effect when the attending physician has made a determination that the patient lacks legal capacity to make decisions. Prior to that time the patient has the right to make decisions.

If you have further questions then you should consult with an attorney who can review your situation and explain your rights and options. You should be aware that your husband's granting a powers of attorney to your son gives your son access to all your jointly held property including bank accounts.

Does the power of attorney in the state of Florida entitle the person that has it to receive compensation from the estate he or she is overlooking?

Unsure of what it is that is being asked. A Power Of Attorney (POA) is only valid while the person that granted it is still alive. The minute the grantor of a POA dies, the POA ceases and the POA become invalid! On the other hand, an EXECUTOR of a will, who is usually named by the testator, MAY be required to post some kind of bond with the court which establishes their faithful and lawful execution of the will. This 'bond' may be waived by the testator, and the Executor MAY be granted compensation for their role in executing the estate IF the deceased provided for such in their will. In summation: the holder of the deceased's POA holds a useless piece of paper. The Executor of the deceased's will is in full control of the execution of the deceased's wishes.

How do you obtain power of attorney from an unconscious parent?

You cannot obtain a POA from an unconscious parent because a POA must be executed voluntarily by a legally competent person. In your case you need to petition the court to be appointed your parent's guardian. You should consult with a social worker at the facility where your parent is being cared for or a private attorney.

What kind of power of attorneys are they?

There are two main types of powers of attorney, durable and nondurable, and two subclasses within those types (immediate and "springing").

Does a sole survivor trump a power of attorney on an estate?

A power of attorney is extinguished upon the death of the principal who executed it. An attorney in fact under their power of attorney has no authority over their estate after death. Once that person has died an their estate must be probated and an administer must be appointed by the probate court. Beyond that you have not provided any details to explain the reason for your question.

What is the Power of attorney estate fee in Ontario?

There is a bit of a cross up in terminology here. A power of attorney expires on the death of the grantor or subject. An executor would get an estate fee.

How do you get power of attorney when a person becomes senile if you already have a living trust declaring you will have the default power of attorney if the person becomes incapable?

You have provided some conflicting information. If you are a trustee under a living trust, you only have power over the property that the trustor/grantor transferred to the trust. The specific powers granted to the trustee in a trust instrument constitute "powers of attorney" only over the trust property, nothing else. You have no other authority to act on behalf of the person or their affairs. If the person in question no longer has the legal capacity to execute legal documents they cannot execute a POA or make any more transfers to the trust. You should consult with an attorney who can review your situation and explain your options at this time.

What is the job of the Power of Attorney for the estate after the loved one is deceased?

The Power of Attorney is extinguished when the principal dies. Therefore, the attorney-in-fact has absolutely no power or authority over anything once the principal has died. At that point their duties have ceased.

If your boyfriend is incarcerated and you have power of attorney can you obtain a marriage license?

I'm sure a power of attorney must state exactly what it can be used for, You probably could get a marriage license but if he is in jail, how exactly are you going to get married. You still need the other person to speak the vows in front of a magistrate or judge.

What is the correct spelling for plural of power-of-attorney?

Recast the sentence, or risk losing clarity. Instead of "They took their power(s) of attorney(s) to the hospital," write "They each brought their power of attorney to the hospital" or "They took copies of their power of attorney to the hospital."

Same problem arises with, for example, the title "Book of Mormon" and "Power of Love" You'd have to say "copies of the Book of Mormon" or "versions of Power of Love" to preserve your meaniing.

Can you do anything once your power of attorney has been revoked?

You must stop acting on your father's behalf. You must not sign his name to any document, access his accounts or carry on any business in his name. He has the right to choose his attorney-in-fact as long as he has the legal capacity to do so.

If the notary believes a signature is real is it fraud if a power of attorney is signed in LA then notarized in MS without signed witnesses in either state and if so what are the repercussions?

The POA would be invalid if it was not signed before the notary who "notarized" the signature. The MS notary should be reported to the MS Secretary of State's Office and a copy of the POA should be provided with the complaint if possible. You can find the contact numbers for the MS SOS at the link provided below. You can call their office for further information.

Where can I get a power of attorney in my area?

A power of attorney document can be created by almost any lawyer in your area. Since you are starting a small business, find a lawyer in your area that you can work with for a long period of time if necessary and hire them to create the power of attorney document.

Can a person who has been named executor of an estate issue a power of attorney to another person to act in their behalf in the matters of the deceased's estate?

AnswerNo, they cannot execute a POA. In most jurisdictions they could file an Appointment of Agent with the probate court authorizing another person to act in their stead.

Can your attorney in fact under your power of attorney keep you from returning home even if your doctor says it is okay?

No. A POA gives no such power over your person or affairs to the attorney in fact. The AIF can only act upon your request and for your convenience. If you are still of sound mind, you can simple revoke your Power of Attorney at any time and without delays. Even without revoking the power of attorney, you still have the right to make decisions in your own behalf. Read the Power you signed. If it was done properly, all of this is clearly stated.

For someone to have that kind of authority over you they would need to be appointed your guardian by a court of law.

Can a father change power of attorney after he remarries?

Yes. He can revoke any power of attorney and execute a new one. he should notify any facility where the old one was used and notify the former attorney in fact of the revocation.

Yes. He can revoke any power of attorney and execute a new one. he should notify any facility where the old one was used and notify the former attorney in fact of the revocation.

Yes. He can revoke any power of attorney and execute a new one. he should notify any facility where the old one was used and notify the former attorney in fact of the revocation.

Yes. He can revoke any power of attorney and execute a new one. he should notify any facility where the old one was used and notify the former attorney in fact of the revocation.

Does power of attorney cease upon death in fl?

The power of attorney represents the living person. The power of attorney ends in Florida with the death of the grantor.

Does a power of attorney have the right to make decisions for a family member if the family is capable of making his own decisions?

If that person granted the rights, yes, they have the power. The grantor can revoke that power at any time.

If man is unable to assign power of attorney what are the options?

I'm in this situation...I was told I had to petition Superior Court to have someone designated to sign for the person to assign Power of Attorney.

How do you stop your mentally challenged mother from giving someone else power of attorney even though you already have it?

The answer to your question will vary, depending on the extent of the power that you've been granted, and the capacity of your mother at the time she named you as an agent, as well as the language of the document itself. There are different types -- or "levels" -- granted by a "Power of Attorney" document.

Because you've mentioned that your mother is "mentally challenged," it is possible that the POA you hold is no longer valid. If it was granted before she became mentally incompetent (IF she is mentally incompetent), and if the document doesn't declare your responsibilities "in the event of her mental incapacitation," the document is likely void.

If your mother is mentally incapacitated, she cannot grant Power of Attorney to anyone, including you. Rather, someone needs to file a petition to be named as her legal guardian.

Because there are so many variables, and because laws vary from state to state, you need to consult an attorney in your area. You should be able to meet with an attorney for an initial consultation without any charge to you.

What power of attorney form do you need to have someone file your taxes for you?

You can get that type of power of attorney directly from the taxing authority.