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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
Who is given the right to make decisions as a result of a durable power of attorney?
any person even you
Does Bank of America offer notary service for wills and power of attorney?
Most banks provide those sorts of services to their clients. Bank of America will probably have that service, but call the specific branch.
Where can one find information in durable power of attorney for healthcare?
There are many websites on the internet which offer information on durable power of attorney in regards to healthcare. One such site that has articles on this subject is Mass Resources.
When a person has power of attorney are they supposed to follow all wishes of the deceased?
A power of attorney represents a living person. After their death, the power of attorney has no power to do anything, the executor takes over.
Is it illegal to have someone sign a power of attorney if they do not know it?
That could be grounds for revoking the power of attorney. It could also result in criminal charges for fraud.
What is the pay of medical power of attorney?
There is no payment normally associated with being a power of attorney. It is normally a relative looking after a loved one.
Why would you need power of attorney if parent is deceased?
You wouldn't need one, as a power of attorney only represents a living person. After their death, a power of attorney would no longer be valid. You need letters of authority to close the estate.
A power of attorney does give an indivual the permission to make decisions for a person that cannot act on their own behalf. There are different types of power of attorney. If you have concerns that something illegal was done, contact an attorney.
Can a daughter change the will after becoming power of attorney in ri?
No, a power of attorney does not give the authority to change a person's will. The power of attorney only allows the designated individual to make financial and legal decisions on behalf of the person who granted the power of attorney. Changing a will requires a separate legal process.
Can wife and husband give separate power of attorney for themselves?
This issue is determined by state law. The answer in Pennsylvania is "yes," and I suspect that is probably the answer in all states.
Yes, they can be held accountable. Any actions must be to the benefit of the principle.
Which power of attorney form should you use in case of death?
None, because a power of attorney is only used for a living person. After their death, the forms to create an estate and be appointed executor would be used.
How can you find out if your sister has power of attorney over your disabled sister?
Ask one of them. Other than that there is no other researchable way. Such documents are not generally required to be filed with the public records unless there is real estate involved. In that case a copy of the power of attorney would be recorded in the land records with any transaction that affects the real estate.
On the other hand, if your sister is mentally disabled she may not be legally capable of executing a valid power of attorney. If that is the case a legal guardian would require appointment by the probate court and you should discuss the situation with an attorney who specializes in family law and probate.
Should a power of attorney be present during the creation and signing of a will?
There is no requirement that they be there. Unless the principle has been declared incompetent, they can make their will.
Can you get the back pay that is owed to the deceased person if you are the power of attorney?
No. Once the principal has died the POA is expired. That is a task for an estate representative.
No. Once the principal has died the POA is expired. That is a task for an estate representative.
No. Once the principal has died the POA is expired. That is a task for an estate representative.
No. Once the principal has died the POA is expired. That is a task for an estate representative.
How can I obtain a power of attorney in Argentina from Florida?
First: You cannot get a POA over someone, the other person must freely GIVE it to you.
You may obtain a legal POA from someone who lives in Florida, IF they grant it to you. However, whether or not this POA would be recognized as legally valid to be used in Argentina cannot be known. The courts of Argentina may not recognize
your legal powers granted by another nation.
I would strongly suggest contacting the Argentine Embassy located in Washington DC and askng.
Petition the probate court for the power of attorney. The hospital and courthouse should be able to provide the forms and documentation necessary.
They should do the following:
a. Prepare/Arrange for documents from a certified medical practitioner that you have become mentally incompetent
b. They should take documents that show that you are the family member of the other person who wishes to access your account. Your spouse, children, parents and siblings can try that
c. Take both the above documents and visit the bank and explain the situation.
In most cases, the bank will let them take the money from the account which was held by the person who is declared mentally incompetent now.
What is power of attorney and when does it apply?
"Power of attorney" means a written instrument, "Attorney-in-fact" means a person granted authority to act for the Principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term.
Who is a patients durable power of attorney?
A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.
It gives the agent power to act in your behalf in financial matters like home sales and bank accounts. You can revoke it so the agent has no power over you but rather can act in your abscence for you. A separate medical power of attorney is needed for medical treatment or pull the plug decisions. Both types can be "springing" which means they are inactive until you are incompetent or physically disabled to act which usually determenred by a doctors opinion which causes the power of attorney to spring into action if needed..
Can a power of attorney access an annuity?
Only an active power of attorney can access an annuity product. If the person for whom the power of attorney is created is NOT incapacitated (or ruled incompetent in probate court), then only the individual, whose name is on the annuity, can access it.
AnswerYou need to check your state laws for statutory powers granted under a POA and you must also check the POA for any specific powers granted or restricted. A POA gives the attorney-in-fact broad powers that vary from state to state. For example, the state of Ohio bestows the following statutory powers regarding annuities:
(H) Language in a power of attorney granting power with respect to insurance and annuities authorizes the attorney in fact to do all of the following:
- (1) Continue, pay the premium or assessment on, modify, rescind, release, or terminate a contract procured by or for the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
- (2) Procure new, different, or additional contracts of insurance or annuities for the principal or the principal's spouse, children, or other dependents and select the amount, type of insurance or annuity, and mode of payment;
- (3) Pay the premium or assessment on, modify, rescind, release, or terminate a contract of insurance or annuity procured by the attorney in fact;
- (4) Apply for and receive a loan on the security of a contract of insurance or annuity;
- (5) Surrender and receive the cash surrender value;
- (6) Exercise an election that is not specifically prohibited;
- (7) Change the manner of paying premiums;
- (8) Change or convert the type of insurance or annuity, with respect to which the principal has or claims to have a power described in this section;
- (9) If specifically authorized in the power of attorney, change the beneficiary of a contract of insurance or annuity designated by the principal;
- (10) Apply for and procure government aid to guarantee or pay premiums of a contract of insurance on the life of the principal;
- (11) Collect, sell, assign, hypothecate, borrow upon, or pledge the interest of the principal in a contract of insurance or annuity;
- (12) Pay from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
You can review the long list of other Ohio statutory powers at the link provided below that is included for reference purposes only. For statutory powers of an attorney-in-fact in your state you need to check your state laws.
What can a durable power of attorney perform?
The agent can act only within the scope of authority granted in the power of attorney.
How do you find a recorded power of attorney?
If a POA has been recorded in the land records you can visit the land records office and check under the principal's name in the grantor index.
