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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
Maryland durable general power of attorney?
This does not exist, it is either a Maryland general power of attorney which gives someone the right to act on someone else's behalf for financial reasons, but the form becomes VOID if the person granting power becomes incapacitated or too ill to think for themselves
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Durable power of attorney which is the same thing as the general except the durable stays VALID if the person granting becomes too ill to think for themselves.
When does a power of attorney dissolve?
When the grantor says it is no longer valid. Or when the grantor is no longer living.
What are the power of attorneys rights over a parent that is of sound mind?
The Power of Attorney has no rights over a parent of sound mind. The power of attorney is given by the parent and can be withdrawn at any time. And the power of attorney automatically ends upon the grantor's death.
When is it ok for an attorney to sign your name to a settlement check?
Usually it never is, unless you give written authorization to do so. The lawyer for the party paying the settlement will insist on either the party and the lawyer signing the check or have a written power of attorney from you authorizing the lawyer to sign it. It is important that you accept the check either by signing it or authorizing your lawyer to sign for you.
Can someone with power of attorney write a cheque if the person is deceased?
Absolutely not. The Power of Attorney was extinguished when the principal died. You no longer have any rights in the decedent's property. What you suggest would be against the law.
You must petition the probate court to be appointed the executor or administrator of the estate.
Can a power of attorney lease a property?
You can look in your state statutes to see what authority an agent may be granted in a power of attorney.
Can the durable power of attorney rule over medical power of attorney?
No. You will find that they are regarded entirely differently. The decisions of the holder of a durable POA will not be accepted or acted upon by the medical community. A specific medical POA must be granted for medical and end-of-life issues.
Another PerspectiveSome Durable Power of Attorney documents can be drafted to include broad powers including including the power to make medical decisions. An example from Alabama is provided in the link below. If a person executes both a Durable POA and a Medical POA they should make certain the powers do not overlap so as to cause a problem when medical decisions must be made on behalf of the principal.
Your father's estate will be responsible for his debts unless you have agreed in writing to be responsible. If his home is mortgaged you will need to pay the mortgage if you want to keep the house. When the time comes you should seek the advice of an attorney who specializes in probate law in your area.
no.
What is the difference between power of attorney and attorney in fact?
The person given power to act under a Power of Attorney document is called the Attorney-in-fact or Agent.
How do you fill out a power of attorney paper?
Many states provide statutory power of attorney forms for financial and medical matters that are easy to understand and you only need to fill in the blanks and sign it. You can find these statutory power of attorney forms at businesses that sell legal forms.
A Power of Attorney expires immediately upon the death of the principal. Your state laws determine if you have any interest in your father's estate if he died intestate or without a will. His surviving spouse is entitled to at least a portion of the estate, and in some states all of the estate, regardless of the length of their marriage. You can check the law in your state at the related question link provided below.
Is there a simple form to use for documentation as a power of attorney?
Yes. There are simple forms that should be available at most stationery stores, and office supply stores. See discussion page:
Having the power of attorney should only apply while the mother is alive, after that the estate is settled with a will and if there is no will can be contested in a court.
If her only POA is over mom's healthcare - possibly. But she would have to convince the attending physician that it is in mom's best medical interests not to be seen by the remainder of the family. It is doubtful that she could get a physician to sign off on this, BUT- it IS possible. On the other hand: If she has Mom's COMPLETE POA in ALL matters, yes, she probably could. ==Clarification== A POA For Healthcare allows a person to appoint some trusted person to make decisions regarding healthcare and to make certain you receive the type of care you want to receive. A POA lets you appoint someone you trust to manage your financial and legal matters on your behalf. A Durable POA continues even after you have become incapacitated. Those documents in and of themselves do not give one child the power to prevent other children from spending time with their parent. The child who wants to bar visits from other family members should petition the court for guardianship and the reasons will be reviewed by a judge. In fact, any one of the children (or more) may petition to be appointed their mother's guardian. Alternatively, the children who are being barred from spending time with their parent can petition the court for a restraining order against the sibling who is preventing their access. The situation needs an objective examination and a resolution that is in Mom's best interest. You should speak with an attorney to determine your rights and options.
When the person granting the Power of Attorney dies, their delegated POA ceases, and is no longer legal or valid. Knowingly using the POA after the grantor is dead is FRAUD. The person who administratively handles the apportioning of the deceased's estate after death is known as an EXECUTOR. The two titles are NOT synonymous - and do not have the same power. However- it could be possible that the person who had been named POA could also be named as Executor. There should be legal papers that can be produced that would prove this.
Power of attorney ends at death. A revocable and irrevocable trust with a trustee and benaficiarys would continue from life thru death. This would be a better option if your trying to hold on to property.
Should I have my last will and testament notarized?
Any important document such as a Will should certainly be notraized. Check with your attorney if you have questions regarding legal procedures in your state.
Can a West Virginia notary notarize an Ohio Durable Power of Attorney papers?
The authority to notarize is granted by the state. If the documents are signed in West Virginia, the notary can notarize them.
The two things are not related to each other. Your uncle represents your grandmother only as long as she is alive, because a power of attorney expires on the death of the grantor. At that point the executor of the estate distributes the property according to the will.
Can family petition to remove aunt as power of attorney for grandmother?
No. The only person who can revoke the power of attorney is your grandmother. If she is unable to act on her own behalf then a family member can petition the court to be appointed her guardian. If the court appoints a guardian the POA would be automatically extinguished.
Can you have someone vote for you if you give them power of attorney?
You should request an absentee ballot that can be signed and returned by mail if you cannot be present at the voting place.
How do you change siblings power of aterney?
The only way to change any power of attorney is to make a new one and take it to a notary. If the one you have isn't notarized it isn't in effect.
My mother had a stroke and cant write how do you get power of attorney?
First, if possible, you should speak with a social worker at the hospital or rehab where she is admitted. IF your mother is legally capable of executing a Power of Attorney it should be done by a professional. If she is not a patient you may need to have an attorney make a home visit to guide the process so that the POA will not be vulnerable to challenge later by other family members. A person can sign with an "X" in most jurisdictions as long as there are third-party witnesses present who sign as witnesses.
If a POA cannot be executed then you will need to petition the court to be appointed her guardian.
Can you give anybody your power of attorney?
They cannot obtain power of attorney over you. Unless a court specifically appoints them, and then there would have to be a competency hearing.
