Power of Attorney

no, having joint custody gives you more control than having power of attorney.

It must first be determined WHY the patient's POA will not release Hospice. They may have a perfectly good reason, (i.e.: the patient's outlook is guarded, or death may be more imminent than anyone realizes). Has anyone asked them? If they will not communicate with the immediate family, you could contact the court and peitition their removal from their authority.

Generally, every state has a section in the state laws that governs the powers of an attorney-in-fact under a Power of Attorney. Powers of Attorney grant sweeping powers and the attorney-in-fact should be chosen carefully. Generally, the power to designate beneficiaries is included, however, the AIF cannot name themselves as the beneficiary. You can perform an internet search for your state by entering the name of 'your state + statutory powers of attorney'. Then look for a link for an official state source.

Yes but the bank will request a copy of the POA.

NO. A persn who is incarcerated cannot collect unemployment.

Yes. However, the attorney-in-fact must make certain not to commingle funds in the account. The AIF must always keep their own personal funds separate from those of the principal and be prepared to show an accounting if so requested.

The court may have appointed your husband as your conservator or guardian. You should visit the court and ask to review the court file under your name. You can obtain copies of any documents in that file.

His power of attorney doesn't have anything to do with the transaction. If the court agrees that is the appropriate disposition of the property, the executor can transfer title to the appropriate person. The court will look to see if the debts are paid off and that the brother is getting his fair share of the estate. Consult a legal profession in the state in question for a full understanding.

No. A general Power of Attorney provides no general power or authority for you to enter another person into a legally binding marriage. A proxy marriage is a marriage where one party stands in for another party. Either the bride or groom is not present. Where proxy marriages are allowed an agent stands in for the party based on a Power of Attorney executed for that purpose. In the United States only five states allow proxy marriages: California, Colorado, Texas, Kansas and Montana. Most proxy marriages are limited to people who are in the military. However, other legal provisions may apply. Not all states recognize proxy marriages. Some states only recognize a marriage by proxy performed in another state as a common law marriage. In many states a common law marriage is not recognized as a legal status. You need to check the rules in your state.

Of course not! They are confidential records and none of your business. If they have passed on and this is the estate, then a full accounting of the assets have to be filed with the court. If someone else is their power of attorney or guardian, you could petition the court to have them removed.

A restraining order would probably do it, filed at the justice court. That is a big irreversible step with a family member, best to try talking to them and resolving the issue before getting that drastic.

Yes. The attorney-in-fact should turn over any account information, statements, check books, etc., to the executor or administrator. And yes, you are legally accountable for any funds you spent while you had power over the decedent's estate as their attorney-in-fact. If you are accused of self-dealing then you will need to prove that every expenditure you made while attorney-in-fact was for the sole benefit of the principal. Their death doesn't shield you from accountability. If you refuse to co-operate you can be sued.

- What is a power of Attorney"?

In the general sense, a Power of Attorney" (hereinafter "POA") is a document whereby on person (called the principal") authorizes another individual or entity (called the "agent" or attorney-in-fact ") to act on behalf of the principal. The most common uses for "POA" are financial transactions and health care decision's. Most states have one set of laws governing financial POA's and second set of laws governing POA's for health care decisions . Therefore , it is the common and recommend practice not to mix the two purposes into one documents: i.e an individual desired to have a POA covering both financial and medical situations should prepare two separate POA's , one dealing with financial issues and the second dealing with medical issues.

This article provides information about power of attorney without using a lot of legal jargon: http://www.lectlaw.com/filesh/qfl04.htm

A Power of Attorney has no rights to do anything with the estate. Any power of attorney that existed became null and void at the death of the grantor. The executor distributes the estate.

Yes, an executor can withhold such funds, but they should be placed in trust for the benefit of the demented, perhaps under various spendthrift conditions or whatever is deemed necessary for protection of the gift. Whether the executor names you as trustee is his or her choice, but you will still have the powers of the POA once the trustees release the funds to you.

No, you can't use felt pens or other writing instruments that could bleed through the documents. This was a good question though, I actually had to call a buddy of mine that provides durable power of attorney forms online. His website link is in the related links below.

You can nominate several attorneys and specify the circumstances in which they act. For example, someone might nominate their spouse and children as attorneys, but they could specify that the spouse was to act alone unless the spouse required assistance as to making a decision, or if the decision has significant financial implications, or the spouse had become mentally incapacitated. Even then the donor (person making the LPA) could further specify that the children were to act together, or one solely. Given the cost of LPAs, it is best to, as you would in a Will, give a few options, and a solicitor would advise when making an LPA.

Go to the Related Links and scroll to the bottom to find the 'Revocation Form'. This is a valid legal document that can cancel a POA form in every State.

If the home loan can be proven to be to the benefit of the principal then there should be no problem. If it is to the benefit of the agent alone then the matter has to be investigated.

In most states an immediate family member can authorize medical treatment without a completed power of attorney form. Contact your local hospital to find out the specifics.

They do not have the ability to transfer the power of attorney. A court can appoint a new one.

if the judge finds out he can be charged with fraud and fined as well as possible jailtime

In the presence of an Attorney or a Notary Public,

Yes and you must specify so in the power of attorney paper. That's called a specific power of attorney.