Power of Attorney

It means the person can only represent the grantor for the buying and selling of motor vehicles. It is a limited power of attorney.

A DPOA is valid until the death of the principal.

Generally, that language means the attorneys-in-fact can sign together or alone for the principal.

A regular POA expires when a person becomes incapacitated. A 'Durable Power of Attorney' remains effective.

If a person has become legally incapacitated and the POA has expired then someone must petition the court to be appointed that person's guardian as well as the guardian of their property.

Generally: The principal who is the owner of the property must be living. The attorney in fact should sign the principal's name on the deed as grantor with a typed notation beneath the signature line stating "by John Smith as attorney-in-fact for William Smith". An original copy of the POA must be recorded with the deed along with an affidavit by the attorney-in-fact stating the POA is in effect and they have no knowledge that the POA has been revoked.

All power under a POA is extinguished when the principal dies. If your step-mother's son was her attorney-in-fact under a POA, his power ended completely when she died. He has no power over your father's affairs unless your father signed his own POA document appointing the step-son as his own attorney-in-fact before he became incapacitated.

You should consult with an attorney who can review your situation and determine your options. The step-son shouldn't have access to your father's assets. You can petition the court for appointment as your father's guardian. You need to act ASAP.

Yes they can and sometimes it's a good idea in case one Power of Attorney is ill or needs to leave the country. Holding Power of Attorney means two things: Either your parent(s) has given you this trusted right and signs a contract or, the person is elderly, very ill, and proven by doctors not to be of sound mind. Marcy

You need to speak with an attorney as soon as possible. If your mother is legally incapacitated she cannot execute a POA document nor can she change her will. You need to petition the court to be appointed her guardian so that you can take care of her, her assets and protect her from predators. You should consult with an attorney who specializes in elder affairs or probate. Do not delay.

The attorney-in-fact under a Power of Attorney has absolutely no power or authority after the death of the principal. The POA expires once the principal has died. However, if the attorney-in-fact has been handling the affairs of the decedent, she/he should hand over any records, including bank accounts, to the executor or administrator of the estate.

You should be able to close the account and transfer those funds to a local bank. The Canadian bank will request that you send a copy of the POA document. The Canadian bank may also request an Affidavit signed by the attorney-in-fact stating that the POA has not been revoked and the principal has not died. You should contact the legal department of the bank. A bank representative will tell you what you need to send in order to close the account.

You might find general contact information online that would allow you to begin your inquiry with an email. Start by doing a search using the bank's title and look for a link to "Contact Us". Then, send an email stating that as an attorney-in-fact you want to close the account and ask for instructions as to what the bank needs from you in order to do it.

Its called a 'Power of Attorney Revocation Form'

Self-dealing by an attorney-in-fact is a violation of the law. You should consult with an attorney who can review the situation and explain your options. The POA should be revoked by the principal immediately. Any institution where the terminated attorney-in-fact could use the POA to access the principal's assets should be notified of the revocation of the POA in writing. If the POA was recorded in the land records so the AIF could handlereal estate matters then the revocation must also be recorded. To be very careful a notice should be published in the legal notices. If the AIF has converted property to his/her own use the matter should be reported to the local DA for possible criminal charges. The principal could also bring a civil suit to regain any stolen property. The principal can appoint new attorney-in-fact immediately.

A power of attorney expires upon the death of the principal. You cannot use it to sell your mother' car because it is void. You should contact your local DMV to determine what is required in your state to sell a motor vehicle belonging to a deceased parent. Most probate courts have an expedited process when there is a small amount in assets such as a car. Inquire at the DMV and at your local probate court.

There are a lot of legal ramifications to this. What, specifically, is your question? And, if this is an actual event and not a theoretical one, you need the assistance of an attorney ASAP.

Once you have completed the Power of Attorney, you should give the original to whomever you named as the power of attorney (attorney-in-fact) and keep a copy for yourself.

It is legal, however any descision made with the PoA can and (unless benificial to the divorced spouse) probably will be overturned by the courts during the process of divorce. If the spouse has gotten a legal withdraw if the PoA then no, it is not legal. Any debts accrued do to use of the PoA during a divorce will most likely be turned over to the person who accrued the debt, reguardless of the PoA.

Yes, but you'll need to bring the power of attorney form and proof of who you are to the bank. If the teller doesn't know what a power of attorney is then all you have to do is get the manager. They always deal with power of attorney agents, and know what the form gives you authority to do, which is act on the behalf of the executor in all financial matters, except matters specifically stated in the form that the agent can't handle.

The answer to this question is: "It depends" - you should absolutely consult an attorney before doing this -- you need someone who can read your document and interpret it within the context of state law, as a mistake could cause legal and/or financial problems for the grantor and/or the person holding power of attorney (called an attorney in fact or AIF).

First, make sure you want to really do this after looking into the financial consequences.

You should talk to an accountant or tax advisor about the tax consequences of doing this, since the transfer of real estate is a potentially taxable event for both the grantor and the AIF (examples would be a possible gift tax consequence for the grantor and higher capital gains taxes for the AIF when the property is sold in the future)

AND, if there is a mortgage on the house, most lenders have the right to be paid in full at the time the property is no longer in the original borrower's name, so be careful. Unless you are in a position to refinance the grantor's mortgage into your name, this could potentially be considered a "default" leading to foreclosure if the loan cannot be paid in full. Some lenders don't care about transfers (especially within a family) as long as they are being paid on time, but their right to foreclose might always be hanging over your head if you do this.

So, assuming after looking at the numbers, you still want to go forward, consider this:

In order for an AIF to put the grantor's house in the AIF's name, the AIF would sign a deed (perhaps a grant deed, nonwarranty deed or quitclaim deed depending on the state and the circumstances). This deed would convey property from grantor to the AIF.

Whether this is permitted/legal will depend on at least five things:

1. What is the state law in the state where the deed is being signed? Some states allow this; some might prohibit it outright (not sure of any off hand), but most allow the grantor to specify one way or the other at the time the power of attorney is signed.

2. What is the state law in the state where the house is located (if different from the state in #1)? The laws in both states would probably have to allow this to avoid trouble but most real estate matters are governed by the laws of the state where the house is located.

3. What does the power of attorney actually SAY? In most states, a power of attorney must actually SAY it is ok to convey property to the AIF in order to do this or you must assume that it is NOT permitted.

4. Would doing this constitute fraud or other misbehavior on the part of the AIF (in other words, is doing this in the best interest of the grantor or is doing this an attempt at taking property from the grantor without the grantor's consent or best interest at heart?) In most states, even if you are "technically" able to do this, it would still be a crime to do it if your motive was to steal the property from the grantor or if you were trying to prevent heirs from inheriting the property at the time of the grantor's death. In some states doing this could also be a criminal or civil violation if you are attempting to hide the grantor's assets from a creditor or from Medicaid.

5. Is the power of attorney valid at the time of the deed signing (i.e. not expired, the grantor is alive, all contingencies within the document are met with regards to the health of the grantor, etc.).

==Additional Answer== There may be an additional problem. Any future grantee may not accept the conveyance to yourself as a bona-fide conveyance without the consent in writing of the principal. Especially if the property has a higher than average value. If the principal is no longer alive at that point then you may have a costly problem to solve.

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No.

They could be charged with fraud. A power of attorney expires on the death of the grantor.

The power of attorney has no value. The probate court will have to appoint an executor for the estate, who can then transfer the stocks.

There is none in Massachusetts, unless specified in the granting document. The grantor can revoke the power of attorney. Also a power of attorney expires on the death of the grantor.

Yes. In New Jersey at least, a guardian may be appointed for someone even though there is a durable power of attorney. State laws determine who may be appointed guardian. These are usually based upon the relationship between the person in need of a guardian and the person who wants to be guardian. E.g. a spouse has the first right to be guardian over all others. This is often done for the purpose of extinguishing an existing Durable POA. The court appointment of a guardian will extinguish any Durable POA.

Yes, you will need a lawyer to change the Power of Attorney and a good reason given why he sister should be taken off because she can contest this.