Power of Attorney

Generally, a POA only needs to be recorded in the land records if the Attorney-in-fact executes a deed to convey real property. In that case, the POA must be recorded with the sale.

I do not understand why he would have given her power of attorney--it may only be for medical reasons. He would not need her signature to get married. Depending on finances, he may need her to co-sign for a loan. Eventually, if you both plan to marry each other, this will have to be resolved, but for now it is not your business.

Power of attorney over your mother's account means that you are allowed to use her money in her best interests. This will usually mean you can not give it to someone else, unless you are paying him for mowing your mother's lawn or something like that. All your accounts can be checked to make sure you are doing the right thing.

Absolutely not. An individual with a POA to act on behalf of another person has no such power. Your sibling with the POA only has the authority to perform such tasks as signing documents, paying bills, obtaining medical records, and maintaining bank accounts. They have no power to keep you from spending time with your parents.

No. A POA expires upon the death of the principal.Generally, the son has no right to access accounts or other assets once his father has died. In order to obtain authority over the father's estate the son must petition the probate court to be appointed the estate representative. The funeral expense is a debt of the estate and the decedent's debts must be paid before any assets can be distributed to the heirs.

You file a petition with the courts requesting POA, stating that you'll be personal representitve of the patient, and that the patient actually is non compos mentis. You'll need testimony and/or sworn affadavits from the patient's healthcare providers indicating the patient's capacity. This process is somewhat arduous, except in emergency situations, as it removes many rights from an individual. It'll help if this request is brought before the court with the support of family members and, ideally, without opposition. This may not be necessary, however. Depending on your relationship with the patient, you may already have significant rights in the matter (for instance, if the patient is your spouse). Start by contacting the hospital's Social Services department.

Generally, unless limited in time within the document that created it, a Power of Attorney remains effective until it is revoked or until the principal becomes incapacitated. A Durable Power of Attorney remains effective even if the principal becomes incapacitated.

If you have a POA that is limited to a one-year period then that was the choice of the principal (the person who granted the POA).

First you might try to contact the attorney who drafted the POA. They should have a copy in their files. Perhaps it was recorded in the land records if it gave power to convey real estate. If so then you can obtain a certified copy of the recorded document. If none of those precautions were taken at the time the document was executed, and if the original document is lost and there was no duplicate made then it can't be "recovered". You must have the principal execute a new POA that states the original POA dated ___ was lost and the principal hereby ratifies and confirms all acts made by the attorney in fact after that date.

A medical power of attorney allows you to make medical decisions for someone else when they are unable to do so for themselves. Nothing else.

Powers of Attorney are not "owned". The document that created the POA should set forth the terms. If authority was granted to two people the POA document should state whether they can act independently or must execute documents together.

Yes, theft can be prosecuted. She can also be sued in a civil court.

There is no fee, the form is filed at any government office. It is only meant to be shown at a place where the form will be in use.

The will depend on the rights granted to the power of attorney. And the type of trust will affect the ability as well.

There is no requirement for them to disclose information. As long as the power of attorney exists, the grantor is still living and they are not heirs.

NO. A power of attorney expires upon the death of the principal. You need to submit the will to probate to have the estate probated. Real property cannot pass to the heir legally until the estate is probated. Therefore, you cannot sell the property because you don't own it until the will is probated.

Revoke the power of attorney and send them registered mail to that effect. You may have to get the police involved.

She does not need a power of attorney. She needs a letter of authority to act as executor. Apply to the probate court to be appointed.

To change the Principal's will.

Anyone who has a valid interest in a competency hearing, is entitled by law to be heard.

California has made available statutory power of attorney forms for financial and medical matters. You can purchase these forms at stores that sell legal forms.

It would be smart to have a separate person for each. There may be times when a single person might not represent them equally.

A durable power of attorney represents a living person. The will takes effect on the death of the grantor.

Yes, the grantor needs to fill out form PDF 5188 and have the signature validated with a medallion stamp or bank stamp by a certifying officer at a bank.

I would say no because you are trying to convert an asset to your benefit and to your mother's detriment. The Registry would look at this sideways and would bring attention to you which may result in a Trustee looking after your mother's affairs. What is your motivation for doing this?