Power of Attorney

In the presence of an Attorney or a Notary Public,

You do not have the power to do so. Only the testator can change the will. You can always decline the responsibility and the court will appoint someone else.

If the power of attorney represents the deceased, no, they cannot. A power of attorney expires on the death of the grantor.

A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.

A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.

A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.

A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.

Powers of attorney are non-transferable. The principal must have the legal capacity to execute a new one. If not, a guardian must be appointed by a court.

Question is W-A-Y too confusing. Please see DISCUSSION page for further info.

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

In the U.S., most states allow powers of attorney to be granted by someone to give another the authority to do anything or only specific things. If you want to take control of a person based on a substance issue, you probably want to seek to be appointed guardian over that person.

No, a legally incompetent person can no longer act for themselves. A General Power of Attorney expires when the principal becomes incompetent. A Durable Power Of Attorneyremains effective even after the principal becomes incompetent. In that case, the Durable POA would be extinguished if someone petitioned the court and was appointed the conservator or guardian of the principal.

Yes. You need to revoke the POA in writing and send a copy to the attorney-in-fact and any entity where the POA was used in the past. If the POA was recorded in the land records you must record an original copy of the revocation.

love

In most cases it is possible. Unless there are restrictions in the power of attorney document.

You should consult with an attorney who specializes in estate planning and probate who can review your situation and explain your options.

No. Custody must be granted by a court order unless the parents are married. If you are unmarried and want to give temporary custody of your children to your "fiance" it must be done through the court. You haven't mentioned whether the "fiance" is the father of the children.

It is the person you are naming that has the power of attorney that can be the contingent beneficiary. You would be better to create a trust and make the trust the beneficiary

A power of attorney is not a will! The power of attorney ended on the death of the grantor. An estate will have to be opened and the law of intestacy will be applied to the property.

Nothing unless person is declared to be mentally incompetent at the time the power of attorney was made

Unless you are absolutely sure about what you're doing and fully informed about the consequences, you should consult an attorney. A POA grants sweeping powers to your attorney-in-fact. They will have complete access to your assets with no oversight and will need to be honest and diligent about keeping good records. You need to decide whether the POA will be general, which will expire if you become incapacitated, or durable, which will remain in effect if you become incapacitated. Your attorney-in-fact should keep a record of all the money coming in and all the money going out by their hand. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned. An attorney-in-fact who mismanages the assets of an elderly person can cause a disqualification for benefits. Most important, if you should become unable to make your own decisions they must be someone who will act in your best interest.

A power of attorney terminates when the principal dies. You need to petition the probate court to be appointed the representative of her estate.

In most states a Power of Attorney is executed by the principal and does not need to be signed by the attorney-in-fact to be valid. It may need to be witnessed and notarized depending on the state. In some states the AIF is required to sign. You can check the rules in your state at the link provided below.

You can mail the power of attorney form to the inmate. He/she would need to sign it and return it to you.

Not usually, as the individual granting the durable power of attorney is the one that signs the POA, alone as they are the only ones that can grant such power. Now, if the individual is too far gone, or mentally incapeable of signing this durable POA, then this matter should be addressed in a court of law, have the person deemed incapable by virtue of testimony of a professional, like a doctor, and a judge will then appoint someone as their guardian. A whole different process. But usually, an individual knows they are going to be incapacitated in the near future and signs beforehand, while still able to grant these powers.

You cannot get a power of attorney from a patient in a coma. In order for a person to make a power of attorney or any legal agreement, the person must be competent to know the nature of what it is he/she is doing and voluntarily choose to do it. A comatose patient has no awareness of the nature of the agreement and cannot take any action to make the power of attorney effective. At that point only a court appointed guardian or conservator, or other similar type of fiduciary, can take over and manage the affairs of the patient.

It is not typical to pay someone to be power of attorney. Arrangements can certainly be made to compensate them for time and expenses.

Not without a power of attorney. The court can grant the right with the proper documentation and forms.