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
Does probate always audit the power of attorney?
To make certain the attorney-in-fact can account for all the funds handled by the attorney-in-fact on behalf of the principal. To make certain there was no abuse of power, self dealing or mishandling of funds. There should always be a detailed record of everything that came in and everything that went out with corresponding receipts. If there is money missing that cannot be accounted for the AIF can be held personally liable.
Can you change power of attorney in a revocable trust?
The answer depends on the details. You should review the document that created the POA for language regarding the powers of the trustee and the trust document for language regarding amendments to the trust. An attorney in fact under a POA acts on behalf of the principal. They may or may not have the authority to change the term os the trust. You should consult with an attorney who can review the POA and the trust document and explain your options especially if you suspect the AIF of self dealing.
Can power of attorney be taken away if not paying bills?
Generally, yes. A power of attorney gives an individual "control" of another's affairs. All the stuff comes with it. The control extends (unless it's limited) over the property and assets including the bank account - and the checkbook. You are acting for another person. Of course you get the bills. Why wouldn't you?
The individual on whose behalf you are acting has the expectation that you will act as s/he would. Take care of business. Do the right thing. All that stuff. A power of attorney tests an individual's character. A wise person would be sure to get more than just a passing mark.
Another PerspectiveA Power of Attorney is often executed for convenience purposes so that an individual, especially an elderly parent, has someone with the authority to act for them on their behalf when and if they need that help. In those cases the responsibilities can be tailored to the needs of the principal rather than creating sweeping responsibilities on the part of the attorney-in-fact. For example, an adult child can make bank deposits and pay bills for their parent during a weekly visit. That does not prevent the principal from doing their own banking or paying their own bills. It all depends on the needs of the principal. A POA executed by an elderly parent can also sit in a file until it's needed. Responsibilities can cover a broad range of expectations and possibilities depending on the situation. Therefore, the POA should be discussed at length between the parties so that each understands the terms of the arrangement.A POA grants sweeping powers and should be drafted by an attorney. Your agent(s) will have complete access to your assets and will need to be capable of keeping a good record of their actions, especially of all the money coming in and all the money going out. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned.
If Elton John was the attorney-in-fact for Oprah Winfrey under a Power of Attorney he would sign a legal document by writing Oprah's name on the signature line and below the signature line should write "by Elton John under POA dated 4/20/2010".
Is a power of attorney allowed to have an ATM card?
Generally speaking, if person A gives a power of attorney to person B, then person B can attend to any or all of person A's business, including banking, in the same manner as person A could do himself or herself, subject to any limitations contained in the power of attorney document itself. For specific legal advice, consult a lawyer in the jurisdiction where the power of attorney was given, preferrably with a copy of the document itself.
Does a Power of Attorney provide authority over the estate?
No. A Power of Attorney expires immediately upon the death of the principal.
Does having power of attorney entitle one to a percentage of the estate?
A POA is primarily granted to another who can sign documents and carry on daily business for the convenience of the principal while they are alive. It expires at the moment of death. It gives no special rights in the estate of the deceased principal.
Is the power of attorney entitled to a percentage of the estate?
A power of attorney has absolutely nothing to do with an estate. All power of attorneys expire on the death of the grantor.
What can a person do that has power of attorney over you?
Giving someone power of attorney generally allows them to act for the person awarding the power. They can sell that person's property, enter into contracts, and make health care decisions if the person is absent or disabled.
Added: The above is true ONLY if the holder of the POA was granted a "general" POA by the grantor. There are also many examples of limited POA's which restrict the holder to exercis their powers ONLY in certain seopcified circumstances (e.g.: a real estate POA for purchasing/selling a home, for instance - a medical POA - etc).
How can a delegation of power of attorney be revoked if principal is incompetent?
The principal is the one that determines when and if a power of attorney is usable. The document itself usually specifies when it can be invoked and for what purposes.
Does the power of attorney have to follow the rules of the will?
The power of attorney ends with the death of the grantor.The power of attorney has no relationship with the will.
A POA does not give the agent the right to convert the property to their own use. You should speak to an attorney ASAP because you will most likely need to sue the person who is stealing the parent's assets. You also need to try to prevent further depletion of the parent's assets.
Does power of attorney supersede next of kin?
Yes, as long as the principal is living and the power of attorney is durable. Once the principal dies the POA is extinguished and the estate must be probated. The court will appoint an estate representative.
On the other hand, if the principal is incapacitated the family can petition the probate court to appoint a guardian and if granted, the guardianship will supersede the POA and the POA will be extinguished.
Can the person having power of attorney override an executor's decision?
No, generally, an agent under a POA cannot make changes to testamentary instruments (wills). Once the testator has died the POA is extinguished and the named executor must be appointed by the court. Besides the testator, while living, only a judge can make changes to a testator's will.
What does it mean that someone has power of attorney over a bank account?
Giving someone financial power of attorney is an effective legal way to hand over one's financial management to someone else, in case one becomes unable to take responsibility for one's own financial decisions.
Free power of attorney form texas?
Many Texas courts have forms available online. To see if your county has such forms online, go to the Texas Court Forms Directory related link and search for your county. Although, the State does not provide the wide range of power of attorney forms that are still legal in the state of Texas. Such as the: Durable, General, Medical, and Limited Forms.
See below links:
Does the principal have to sign the power of attorney?
If the principal is mentally capable but physically unable to sign their name any mark will suffice as their signature. It must be witnessed. In order to protect the POA from being challenged later this particular POA should be drafted by an attorney.
Mental Health Power of Attorney?
It is possible to revoke a declaration and power of attorney by executing a new declaration and power of attorney or by using the Mental Health Care Declaration and Power of Attorney Revocation document.
Many states specify that a document of this type may be revoked at any time and in any manner. However, the best method is to provide a written, signed and dated revocation to the Agent (if any) and the appropriate mental health care providers.
Note: In many states, the revocation document may be considered ineffective until your Agent and/or physician/psychiatrist have been notified of the revocation.
How can you get power of attorney over a parent who is already incapacitate?
No. You cannot be named attorney in fact for someone who is legally incapacitated. If she cannot comprehend the nature of her actions, and the consequences of executing a power of attorney, then she cannot lawfully execute a POA. If that is the case you must petition the probate court to be appointed a legal guardian. See related question link.
What happens when the principal dies with his power of attorney?
A "power of attorney" refers to a written instrument, executed by one person (the principal) that allows another person (the attorney in fact) to act on their behalf.
If the principal dies the power of attorney is extinguished.
If the attorney in fact dies the principal must execute a new power of attorney that names a new attorney in fact.
How do you regain power of attorney from your mother's sister?
You cannot "regain power of attorney". Your mother must revoke the POA in which she named her sister and send a notice in writing to her sister and any facility where the POA was used or filed. She must then execute a new POA naming you as her attorney-in-fact.
If your mother lacks the legal capacity to take the steps outlined above on her own behalf then you must petition the court to be appointed her legal guardian. A legal guardianship would extinguish the POA. If that is the case you should consult with an attorney who can review the situation and help expedite your petition for guardianship.
You cannot "regain power of attorney". Your mother must revoke the POA in which she named her sister and send a notice in writing to her sister and any facility where the POA was used or filed. She must then execute a new POA naming you as her attorney-in-fact.
If your mother lacks the legal capacity to take the steps outlined above on her own behalf then you must petition the court to be appointed her legal guardian. A legal guardianship would extinguish the POA. If that is the case you should consult with an attorney who can review the situation and help expedite your petition for guardianship.
You cannot "regain power of attorney". Your mother must revoke the POA in which she named her sister and send a notice in writing to her sister and any facility where the POA was used or filed. She must then execute a new POA naming you as her attorney-in-fact.
If your mother lacks the legal capacity to take the steps outlined above on her own behalf then you must petition the court to be appointed her legal guardian. A legal guardianship would extinguish the POA. If that is the case you should consult with an attorney who can review the situation and help expedite your petition for guardianship.
You cannot "regain power of attorney". Your mother must revoke the POA in which she named her sister and send a notice in writing to her sister and any facility where the POA was used or filed. She must then execute a new POA naming you as her attorney-in-fact.
If your mother lacks the legal capacity to take the steps outlined above on her own behalf then you must petition the court to be appointed her legal guardian. A legal guardianship would extinguish the POA. If that is the case you should consult with an attorney who can review the situation and help expedite your petition for guardianship.
What is the cost to obtain a power of attorney?
Not necessarily If you can do it yourself then it will not cost you anything. If you have an attorney do it, there will be a reasonable and legitimate charge for the time the attorney has devoted the service you requested. In the event that the power of attorney has to be recorded in state recording offices there will be a charge for the recording fees and there may also be a charge if the previous power had been recording and now has to be cancelled of record.
What is a person who has been given power to act for others?
The general concept here, for one party to act for another, is called "agency", or "principal-agency" where the agent works for the principal based on the principal's grant of authority.
Sales agents, commission agents, travel agents....all have some authority like that.
When a court enters an order for someone to act on behalf of someone who is disabled, that kind of "agent" is usually called a "guardian".
When someone is asked to oversee, invest or administer funds or property for the benefit of third parties like children and grandchildren under some kind of agreement, that overseer/administrator is usually referred to as a "trustee".
I hope this gives you a basic idea.
How do you get out of being a power of attorney?
The most appropriate way is to give written resignation to the person or entity that granted the power. if this is a court ordered or supervised situation, then it may take a motion to withdraw. It's all about giving proper and fair notice of your intended action so a replacement can be installed in and orderly fashion. There may be a statutory form that is required.
Is the power of attorney terminated due to death of the principal?
Any power of attorney expires upon the death of the principal. In some states a principal may grant the authority to:
(1) authorize an autopsy,
(2) donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes, and
(3) direct the disposition of your remains
However, that power must be specifically granted and once those tasks are completed there is no power remaining and the power of attorney is expired. An administrator or executor must be appointed by the court to settle the decedent's estate.
