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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

How does one sign a document if they have a power of attorney in Oregon?

If Sam Harris is the attorney-in-fact for Christopher Hitchens he would sign Christopher's name on the document and underneath the signature line he would add "by Sam Harris as attorney-in-fact for Christopher Hitchens". The reason the person with the POA signs the principal's name is that the attorney-in-fact is standing in for the principal and therefore signs the principal's name to the document.

With whom must you file the durable power of attorney forms in California?

Generally, the durable power of attorney forms can be filed with the local county recorder. This is frequently required for estate or finance transactions. Often, however, depending upon the transaction you are trying to complete, the durable power of attorney need only be produced by the attorney-in-fact when they complete a transaction on behalf of the assignor.

Are Power of Attorney Expenses allowed in NY state?

Although you can charge a fee to an estate for acting as its Executor - I am not aware of it being customary to charge a fee for acting as someones Power of Attorney, unless that fee arrangement was stipulated in some agreement what was made between yourself and the person you hold the POA for.

What are the responsibilities of a power of attorney in Florida?

It depends whether you have a financial or medical power of attorney form.

Financial - Allows you to make financial decision making on behalf of someone else. This includes:

  • bank withdrawals
  • paying bills
  • selling real estate (in the best interest of the other person and all monies going into their account.
  • writing checks

Medical - Allows you to make any and all medically related decisions on behalf of someone else inclusing:

  • Treatment decisions
  • Facility decisions

If the father gave his daughter power of attorney does the wife need a power of attorney also if she is on his checking account?

No. The wife doesn't need a Power of Attorney because her husband executed one. If the wife is "on her husband's account" then it's a joint account and the wife can still do her own banking. However, if the wife wants to be able to have someone else do her banking for her then she will also need to execute a POA naming the daughter as her attorney-in-fact.

Can a boyfriend be Power of Attorney?

A person having the capacity to contract is qualified to act as an attorney-in-fact.

Does power of attorney cease after someone is no longer incapacitated?

Not necessarily. If the POA is of a limited duration, it may expire. However, a Durable POA that is not of a limited nature would continue to be effective.

Can you cash a savings bond for someone who is deceased if you have power of attorney?

Power of attorney is not valid after the death of the principle. You will have to be appointed executor to cash a savings bond.

Can power of attorney decide autopsy be done?

No, they do not have that authority. The power of attorney expires on the death of the grantor.

Can a New York state notary notarize a power of attorney for a person visiting from another state?

A New York notary can notarize anything executed in New York. They cannot do so in another state.

Can you resign as a power of attorney?

Yes. No person can be forced to be an agent under a POA; it is purely a voluntary action. Once the agent has started to function as the agent; however, the agent may not simply stop if that would harm the principal. The agent would first have to take necessary steps to protect his principal's interests and then he may resign.

What is the duration of a Power of Attorney?

A Durable POA lasts until it is revoked, extinguished by a legal guardianship or by the death of the principal.

A General POA lasts until it is revoked, extinguished by a legal guardianship or by the death of the principal, or when the principal becomes legally incapacitated as certified by a physician.

Where can you find forms to revoke power of attorney?

The legal name is a 'Power of Attorney Revocation Form'. You can download a free one in the related links section.

Can a convicted felon have power of attorney in Texas?

Yes, as long as someone is willing to have you act in their presence (act as power of attorney).

Does power of attorney need to be notarized to be legal in Illinois?

Yes. The principal's signature must be witnessed and notarized for a valid Power of Attorney. See link below for more information about POA in Illinois.

Is a power of attorney for a parent filed anywhere other then with the power of attorney?

It will typically have to be filed with each third party they are working with. Without a copy of the power of attorney, a bank will not recognize the rights.

Is the power of attorney for a minor financially responsible for the minor?

No; however, the law expects the PoA to act in the minor's best interests.

Who is responsible for your credit card debt after your death and your spouse has given you power of attorney due to dementia?

Your estate will be responsible. Indirectly, you wife will either have to pay it or get a smaller inheritance.

Wife who has Power of Attorney over her husband for the last several years They just recently divorce Is this Power of Attorny still valid?

There was probably a clause in the divorce decree that revoked it. And he should certainly revoke it if he hasn't already done so.

Where can someone purchase power recliners?

One can purchase power recliners when one goes to department stores like Sears, or Macy's. At the same time, one can go to specialty stores like Best Home Furnishings. There are lots of models to choose from at the store.

If you held Power of Attorney for a person who is now deceased are you responsible for paying off a car loan?

Answers

Once a person is deceased then the Power of Attorney ends. An Executor (male) or Executrix (female) should be named in a Will and they are suppose to carry out the wishes of that Will, which includes Probating in most cases.

Most Wills go into Probate and this means that ALL debts owing (including car payments) are paid off, all personal taxes, property taxes, normal bills such as gas, electrical, credit cards, etc. After the Probate has been approved then what is left is called the 'Estate' and that's when the Heirs get their inheritance.

It may seem like the car isn't worth the car payments, but the deceased probably could only afford so much at the time lengthening the time they paid on the vehicle. It's still a debt.

Can a power of attorney dispose of property indicated in the will in a manner not indicated in the will?

A power of attorney would not usually be involved in disposing of estate assets. That would be done by an executor.

If the person who granted the power of attorney is still alive the dispositions indicated in a last will and testament are probably irrelevant.

Can someone with Power of Attorney give out a pre-inheritance before the persons death in the amount stated in the will and then not pay them again on the persons death?

Absolutely not. A POA does not give the attorney in fact the power to give away the principal's property. A will only becomes operable upon a person's death. It is not "money in the bank" for the beneficiary. The owner of the property may use or need it before she dies. If the scenerio you described took place it would be stealing. If the owner wants you to have their property now they will gift it to you.

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