Power of Attorney

No. Only a competent person can execute a power of attorney, so (by definition) a mentally disabled person cannot execute a valid power of attorney. What would be necessary is the court appointment of a guardian for the brother. Of course, any proceeds from the sale of the brother's property would go first to repay the State of California for his care and the rest would be set aside to pay for his future care.

yes yes yes.... well my siblings and i have just recently hAD TO DEAL WITH ALL THIS..if you are not on the account it freezes at death until the estate is settled.. also u might want to be put on as joint with survivorship not as tentants in common... hope this a little helpful If your mother and father held the account jointly it likely will not become a part of probate procedure and your mother may continue to use the account as she always has. Marital accounts are presumed by law to be JTWRS with the exception being the signature card designating a different type of account. A few states allow a married couple to hold bank accounts as Tenancy By The Entirety which is the same as JTWRS, with the exception that it cannot be attached by a creditor judgment if only one spouse owes the debt.

Power of attorney is commanly known to act for pleading on behalf of others with appointment from the power giver.These may be special or general foe specific or limiter purposes or for all perposes.The authority is effective till not revoked and during the life time of the executant.

That is my question...can a person who holds the power of attorney for another person charge fees in the state of Georgia? And if so, is there some type of fee structure?

of course because it is by law i think you need to check with a lawyer or sociologist or a social worker.

The short answer is because they choose not to.

It is frustrating and infuriating for those of us that are trying to assist our loved one in these complicated matters but the fact remains and there isn't much we can do about it. Social Security is a huge bureaucracy within the huge bureaucracy of the federal government = nothing is going to change within it without more bureaucracy!

All that said, the "hoops" required by the Social Security Administration are for the protection of each individual social security recipient, which includes both my loved one and me. Therefore as I stomp out the Social Security office door I will choose for my sanity to be thankful my rights are in this instance being protected and not stomped on.

The only person Social Security recognizes is the individual or their "representative payee". To become the representative payee visit the Social Security web site and follow the "red tape".....stomping optional.

Yes, you can do that. A power of attorney gives you enough rights to do such an action like depositing your sons check into your account. If you dont have a power of attorney - first the bank wont accept the check and second you'll be jailed for forgery

no, if the person cannot be stable with thereself or there family they cannot be stable to make decisions on there own

A power of attorney terminates when:

(1) the principal dies;

(2) the principal becomes incapacitated, if the power of attorney is not durable;

(3) the principal revokes the power of attorney;

(4) the power of attorney provides that it terminates;

(5) the purpose of the power of attorney is accomplished; or

(6) the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

You must revoke the first one.

Yes, but not for any special reason associated with a POA. Any person who signs a document may be required to prove their identity by showing some accepted form of identification.

Anyone can be appointed as a power of attorney. The only requirement is trust and being an adult.

It is certainly something that could be done. Some places may hesitate if the property is not specifically listed in the power of attorney.

No. In fact, you seem confused. An estate is not handled under a power of attorney. It will have an executor or administrator or some similar personal representative appointed by the court. Also, executors, administrators, etc. are not allowed to delegate their duties and obligations to others by a power of attorney. Courts generally favor appointing the surviving spouse as the fiduciary. If she declines then an adult child would be next in line, then siblings. Anyone can serve as an executor but the state laws define who can serve as an administrator in an intestate estate. If the person appointed by the court to handle an estate dies the court must appoint a successor.

A power of attorney expires on the death of the grantor. The executor needs a letter of authority.

Yes, that person can be audited or made to account for what was done under the POA. The practical problem is that the executrix of the estate is the one normally exclusively entitled to demand an accounting from the former POA holder and it is not likely that she will provide an accounting unless ordered to do so. A beneficiary of the estate would have standing under those circumstances to file an action in court to get a court order directing the executrix to account for what she did under the POA.

Most states have no automatic requirement for an accounting by a POA holder the way they might have automatic requirements for an executrix to account. This is why the beneficiary might have to go to court.

The court is likely to approve it. You have to apply with the appropriate documentation.

Yes. There could be personal liability if you engage in self-dealing, fail to maintain good records, co-mingle funds, convert the principal's assets to your own use or mis-manage the principal's assets.

There is a great deal of similarity. Both are responsible for following the law and taking care of the assets of the person or estate.

All power of attorney grants terminate upon death. They can only represent a living person.

Yes you can obtain the power of attorney forms you need from the courthouse.

No, the document is still valid. Appointing a power of attorney does not take away the rights of the grantor.

Revoke their power of attorney and tell them and the banks. If they continue, report them for fraud.

The statutory power of attorney form.

If the documents are signed in Kentucky. Otherwise you need to find a notary in Ohio.