Power of Attorney

well, assuming the two are still married... the spouse is always the one the doctors (or whomever you're reffering to) asks permission to do whatever they need to do..unless the family detests it and they can try to get themselfs the power of attorney. however it could be different in other countrys/states im from u.s.a california and thats how it is here.

Why would you want to sign a birth certificate?

As long as they are competent, they can still sign for themselves. They can also revoke the power of attorney at any time.

No. A POA can only be executed by the principal and it ends upon the death of the principal.

A power of attorney is legally sufficient if all of the following requirements are satisfied:

(a) The power of attorney contains the date of its execution.

(b) The power of attorney is signed either (1) by the principal or

(2) in the principal's name by another adult in the principal's presence and at the principal's direction.

(c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.

As I understad the question I am reading it as so. Your father had a power of attorney over your bank account. Your father died and you wish to find out what has happened regarding your bank account. First your father would no longer be your attorney in fact do to his death. If this was something that you did you can often revoke a Power of Attorney and then you would have full control over the account. If this was court ordered do to some sort of legal incapacity that made you unable to handle your financial affairs a new POA needs to be assigned and they can take over your account.

POA's can only be obtained if the grantor is willing and is mentally capable of understanding the nature of the procedure. In cases where the mentally incapacitated person needs assistance and cannot grant POA the interested party must apply for adult guardianship through the appropriate state court (usually probate). Adult guardianship is expensive ($3,000-$5,000) and often complicated as the legal definition of incompetency is not necessarily compatible with the medical definition of such. A competency hearing is required in almost every state. Also in every state the person(s) applying for guardianship must retain legal counsel and the person in question must have a Guardian Ad Litem appointed by the court. The best option is to obtain legal advice from a qualified attorney.

Yes. If you transfer the Principal's property to yourself without specific authorization in the power of attorney, or engage in any self dealing or waste of assets, you may be prosecuted. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse. In addition to criminal prosecution, you may also be sued in civil court.

Considering he and she are illegal, the gvernment should take the home and auction it off for low income legal citizens and use the proceeds to pay for your deportation. * If the house is titled only to the person wishing to sell then he or she has the right to do so unless the property was purchased in a community property state while the couple were married. A POA may or may not be sufficient to sell community property depending upon the current status of the marriage. The status of the foreign national is irrelevant if the property was legally purchased and title in the state in which it is located. The US government would not have the legal right to seize said property unless there is a tax arrearage or pending action by the IRS or state tax assessors.

Until the individual revokes it. Or when they are no longer living.

If someone has given you a Power of Attorney to act on their behalf you can only sell their interest in the property. If there is another owner of the property they would need to sign the deed in order for their interest to be included in the conveyance.

A general Durable Power of Attorney provides the attorney-in-fact with broad powers. However, a person can execute a Power of Attorney that specifically limits the powers and duties of the attorney-in-fact. It can be tailored to exactly meet the needs of the principal and it should be drafted by an attorney. A separate health care proxy that names a different individual could be drafted at the same time by the same attorney who can make certain the desires of the principal have been properly expressed and addressed and the powers of the two agents do not overlap.

The most important thing to do is tell the first holder of the POA that there is a new POA, that his/hers is revoked and he/she is to cease acting on your behalf. Tell the first agent to return the original document and any copies together with information regarding financial institutions he/she has been dealing with. Depending on the circumstances, you may demand that first agent give you an accounting of all actions and transactions that have been done. Changing the POA is easy, but yo must make sure that all financial institutions are aware of the change otherwise they may continue to deal with the first agent until they are told of the change. When you make the new POA be sure to specifically state in it that the POA that appointed the first agent is revoked. Describe the revoked POA by date and name of agent. It is a good idea to add that all POAs signed before the date of the new one are revoked. This way you or the new agent can notify the institutions of the change on your own in the event the first agent is not cooperative.

Typically you would not file it with the court. You would present a notarized copy to the person you are doing business with. If it happens to be a court proceeding, then the court would get a copy.

Yes, a person has the authority to name whomever he/she wishes. Additionally, that person can name multiple agents for power of attorney.

You cannot 'obtain' a power of attorney. A 'POA' can only be granted by the individual who is voluntarily granting that power themselves, to someone else. It cannot be coerced or it becomes illegal and invalid. You CAN obtain a court ordered "guardianship" over someone who you believe to be mentally/physically incapable of taking care of themselves or their obligations. You must petition the court and a hearing will be held to determine if the person is, or is not, legally competent. You must show the court good reason (probably including medical/psychiatric testimony) as to why it should order that person's individual rights taken away and given to you.

Until the death of the grantor. Or the grantor specifically revokes it, which may be the court.

• Power of Attorney is to give the sibling mentioned and acknowledged by the mother to perform their affairs when the mother cannot such as paying bills; investing money, etc., and no one else can take the right away from the Power of Attorney mentioned since the mother requested this person, not even the sibling who is 40 years old and living at home. Once a parent dies the Power of Attorney no longer exists and the Executor (male) or Executrix (female) named will put the Will into Probate which will pay off any debts before the Estate is settled and any property or monies left will be divided as the parent's Will stated.

A power of attorney terminates when the principal dies.

You revoke the POA in writing and deliver a copy to the daughter. YOu should send a copy to any entity where it had been used. Once you revoke it you can execute a new one naming a new attorney-in-fact.