Power of Attorney

No. You cannot be named attorney in fact for someone who is legally incapacitated. If she cannot comprehend the nature of her actions, and the consequences of executing a power of attorney, then she cannot lawfully execute a POA. If that is the case you must petition the probate court to be appointed a legal guardian. See related question link.

A "power of attorney" refers to a written instrument, executed by one person (the principal) that allows another person (the attorney in fact) to act on their behalf.

If the principal dies the power of attorney is extinguished.

If the attorney in fact dies the principal must execute a new power of attorney that names a new attorney in fact.

Not necessarily If you can do it yourself then it will not cost you anything. If you have an attorney do it, there will be a reasonable and legitimate charge for the time the attorney has devoted the service you requested. In the event that the power of attorney has to be recorded in state recording offices there will be a charge for the recording fees and there may also be a charge if the previous power had been recording and now has to be cancelled of record.

The general concept here, for one party to act for another, is called "agency", or "principal-agency" where the agent works for the principal based on the principal's grant of authority.

Sales agents, commission agents, travel agents....all have some authority like that.

When a court enters an order for someone to act on behalf of someone who is disabled, that kind of "agent" is usually called a "guardian".

When someone is asked to oversee, invest or administer funds or property for the benefit of third parties like children and grandchildren under some kind of agreement, that overseer/administrator is usually referred to as a "trustee".

I hope this gives you a basic idea.

The most appropriate way is to give written resignation to the person or entity that granted the power. if this is a court ordered or supervised situation, then it may take a motion to withdraw. It's all about giving proper and fair notice of your intended action so a replacement can be installed in and orderly fashion. There may be a statutory form that is required.

Any power of attorney expires upon the death of the principal. In some states a principal may grant the authority to:

(1) authorize an autopsy,

(2) donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes, and

(3) direct the disposition of your remains

However, that power must be specifically granted and once those tasks are completed there is no power remaining and the power of attorney is expired. An administrator or executor must be appointed by the court to settle the decedent's estate.

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.