Power of Attorney

A power of attorney is a pretty standard document. You can find the forms on the internet. Fill them out and have your signature notorized and hand the document to the person. It can be a hassle for the person and they then have the ability to do whatever they want with your stuff, so you want to limit the power of attorney to specific transactions or items. It would be a good idea to consult an attorney to insure you aren't getting yourself into trouble.

You need a Automobile Power of Attorney (to sell)

Powers of attorney are only good while the person who gave the power is living. They expire upon the death of the person granting the power. The probate attorney has no duty to notify you that they are accessing the records. You should get yourself listed as a co-owner of the account instead.

No. First, a person with dementia is legally incapacitated. They can't grant a Power of Attorney to anyone. Second, a Power of Attorney is a legal document that must be signed by the principal in order to be valid.

Yes. That is one of the most common reasons for executing a POA. People in the military often execute a POA when they get shipped out so a lawyer, family member or trusted friend can manage their legal affairs, property, bank accounts, etc., while they're away.

An AIF is a fiduciary and is subject to state laws that govern fiduciaries. One of the boilerplate rules for fiduciaries is that they not convert the principal's assets to their own use. The attorney in fact must not waste assets. Another rule is that they keep good records so that an annual accounting can be produced that shows the principal's funds coming in and going out. Those figures should closely match. Any fee charged by the AIF should be represented in that accounting.

Serious problems can arise for the fiduciary when other family members question the conversion of the principal's assets by the AIF for their own use. They can bring a court action to compel the accounting and if the AIF cannot show a detailed accounting they will be held personally liable for any shortages. If the agent is stealing from the principal it should be brought to the principal's attention so the POA can be revoked. If the principal is not capable of supervising the agent then the situation should be brought to the attention of the authorities. You should consult with an attorney if you have evidence that an agent is stealing from their principal. They could explain your options.

Another problem could arise if the principal is receiving any government entitlements. In certain circumstances the state can demand an accounting especially when there is evidence that the state is paying expenses for the principal while their AIF is spending the principal's money for personal use.

Any attorney-in-fact who uses their power to access the principal's funds for their own personal use should be sued and reported to the local district attorney for criminal prosecution. Courts abhor an attorney-in-fact, or any fiduciary, who uses their power to steal from the principal. Self-dealing by an attorney-in-fact is against the law in every state.

An attorney-in-fact who uses their power to convert any property to their own use is committing a criminal offense. That would include such things as transferring real estate or personal property such as motor vehicles or timeshare interests to their own name

A POA is valid as soon as it is executed unless there is some language within the document that limits its effective date or creates some other restrictions.

A POA is valid as soon as it is executed unless there is some language within the document that limits its effective date or creates some other restrictions.

A POA is valid as soon as it is executed unless there is some language within the document that limits its effective date or creates some other restrictions.

A POA is valid as soon as it is executed unless there is some language within the document that limits its effective date or creates some other restrictions.

Not all Powers of Attorneys terminate when the principal becomes incompetent. Some states all an incompetency clause in a POA that allows the agent to continue to serve even if the principal is determined be incompetent.

POA terminate when a principal dies because once a person dies, a Personal Representative is appointed to their estate (either one determined by the principal through a Will, or one appointed by the court). Since a Personal Representative is required to administer any part of a decedent's estate, the POA must be terminated.

You can download forms off of your state website for which you and the person who you are delegating power of attorney to can sign. Or you can go to any post office, they should have them too.

No. A person has the right to choose any person as their attorney in fact under a POA. The children have no special standing as long as the principal is of sound mind and legally competent. Only the principal or a court order can extinguish the POA.

A power of attorney ceases upon the death of the grantor.

For a deceased person, you must be appointed their executor or representative by a court. Generally, if the person had signficant assets or a complex situation this means you need to open an estate, for persons with few assets, most states have a simpler alternative.

The following is general information:

The attorney in fact should keep an original copy in their wallet if it is to be used regularly at any facility such as a bank. Also, it should be placed on file at your doctor's office, hospital, bank, investment office, insurance company or any facility where it will be used regularly or in an emergency. If it will be used to manage real estate it should be recorded in the land records and some jurisdictions will require that an affidavit be filed any time it is used to transfer an interest in the real estate. The affidavit must state the principal has not died and the POA has not been revoked.

You'll want a 'Durable General Power of Attorney'. This format does not authorize anyone to make medical or other health care decisions. docstoc.com is a website with free selections of this form. Most offer a version for each state.

A POA expires when the principal dies. They have no power over the estate or the beneficiary.

Yes. The Power of Attorney entitles the holder of the same to do anything he/she wants with respect to the activities of the person who has given the power. i.e., the holder of POA can be the proxy and dispose off duties of the person who issued the POA. So, they can very well remove a person from a joint account held by the person who has given the POA.

If the attorney-in-fact is responsible for paying the principal's bills there may be an investigation if there are unexplained unpaid debts remaining after the death of the principal a court can order an accounting and the attorney-in-fact will be required to provide a record of all the money that came into the principal's (living) estate and an account of all the money that went out. An attorney-in-fact who mishandles a principal's assets will be held personally liable for damages and repayment and may face criminal charges.

An attorney-in-fact who performs their duties properly is not personally responsible for any debts of the principal unless they agreed so in writing.

In FL unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal, to the guardian if the principal is incapacitated and one has been appointed for the principal, and to any co-agent, or if none, the next successor agent.

Among other things a power of attorney is invalid:

* when it has been revoked, * when the principal dies, * when the parties relying upon the power are made aware that the power has been revoked or that the principal has died, * at the time of expiration shown on the face of a written power, * upon occurrence of any event of lapse or termination listed in its scope.

For example, "... provided, however, that such power shall terminate at noon on the date five years after its date of issuance, or immediately upon any attempt by the designated attorney-in-fact to subvert the purpose of this power, including but not limited to: transfer or hypothecation of the principal residence, violation of any state or federal law related to fiduciary duties, or furthering any wanton violence upon the person, mental state, or property of the principal."

Your local library if they have a copy of the NC General Statutes. The form can be found at NCGS 32A-1 to 32A-3. You can obtain a copy for the cost of a xerox v. these ridiculously priced websites. Good Luck.

POA's come in all forms, however the interested party does not file for a POA. Power of Attorney must be granted by the person to whom the action pertains. If a person is unable to grant a POA due to dementia or other mental impairment; guardianship/conservatorship will be necessary to allow another individual to take control of the incompetent person's personal and financial affairs. The process of obtaining legal adult guardianship/conservatorship is complicated and in often expensive (generally $3,000 to $5,000). The person who is appointed is directly responsible to the probate court for any and all action taken pertaining to the incompetent person. Any misuse of a POA or AGC is a violation of criminal and civil laws and the violator is subject to severe penalties, including federal charges if it is in connection with SS or other federal pension benefits.

For power of attorney over whom? A parent, I presume. The short answer is that you can challenge anyone for anything you want. The long answer is that if the parent in question specifically named your sister as POA while that parent was of sound mind and that parent is still competent and mentally sound and your sister is carrying out her duties as POA properly, then you probably will lose. You'll only win if you can either show to the court that your sister persuaded the parent to sign the POA over to her while the parent was of unsound mind (thus nullifying the POA) or if you can show to the court that your sister is not acting prudently as a POA. By acting prudently, I mean that she's not properly attending to the legal affairs or medical needs of the parent, spending the parent's money in an improper manner, that sort of thing. The law on this differs from state to state, so I can't be any more specific without knowing where you are.

Only a person having the capacity to contract is qualified to act as an attorney-in-fact. That would be eighteen years old in most jurisdictions.

A Power of Attorney is a legal instrument that allows one person (the agent) to conduct the affairs of another (the principal). It is used in situations where the principal is not present or is incapacitated.

The power of attorney represents a living person in business matters. The power of attorney will always end with the death of the grantor.

Apply to the probate court for the power. If the circumstances warrant it, they can grant that power.