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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
How do you use power of attorney in a sentence?
The power of attorney represents a living person in business dealings. The power of attorney ends with the death of the grantor.
Can a power of attorney revocation be retroactive?
Generally, you cannot make a revocation of a POA retroactive. The party who relied on the POA, such as a bank or purchaser of real estate, had the right to rely on it until it was officially revoked and they had notice of the revocation.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal.
An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
What does a general power of attorney allow one to do?
Normally, a person gets power of attorney over someone who is incapable to make decisions for themselves.
For example, if you are in a coma, somebody has to make your decisions for you.
One who has power of attorney can decide what kind of medical treatments you will undergo.
For example:
Alan and Barb are married. Alan is in a terrible car accident and goes to the hospital. Barb has power of attorney. Barb can allow the doctor to let Alan die naturally, or she can give the doctor to provide life saving treatment.
This demonstrates the importance of a living will. A living will gives directions about what kind of care you want to receive. For example, I have a living will that states that if I am a vegetable with no chance of recovery, I do not want to be placed on life support. I also list my wife and my father as having power of attorney, because I think that they will follow my wishes if I can't say what I want.
Another View: A "General POA" has nothing to do with the ability to manage the medical affairs of the grantor.
"A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate." (source: see below link)
When does power of attorney end in Florida?
Unless there is a specified date of expiration contained within the document - it can be revoked at any time by the individual who iinitiated it - the POA also expires immediately upon the death of the person who initiated it.
Do you have to be a family member to get power of attorney?
No, in fact anyone can act as someone else's power of attorney as long as you can get them to sign the form. You want to keep in mind that the person should be trusted as if you authorize a durable POA form they can act for you in any financial situation that arises whether it be from paying bills to selling your home.
Can a power of attorney involves two individuals acting in separate roles?
A Power of Attorney (POA) is a LIVING document, meaning it exists while a person is alive. The Person has the ONLY SOLE right to appoint a Power of Attorney and to un-appoint (discharge) the same. No one else can appoint a POA on behalf of, or in place of, the Person who retains that SOLE right. And, a POA "dies" when the Person dies.
The Person can appoint more than one person to be a Power of Attorney (POA), I think. But it could be a legal nightmare to appoint more than one person with POA rights over ALL parts of the Person's life. I would keep it to ONE person holding both the Financial Power of Attorney AND the Medical Power of Attorney.
Let's have an example of trying to give 2 people Power of Attorney rights....
Mr. Z has 3 brothers and 3 sisters. If he was allowed by law, he could make his oldest brother and his oldest sister POAs. Mr. Z has been healthy for years, and suddenly had a Stroke. But let's say that the 2 siblings rarely agree on anything. Oldest Brother thinks his POA status means he should take a "cut" from Mr. Z's savings "for all I do for him". Oldest Sister rightfully / legally says "You can't do that! Besides, our brother has a lot of bills and medical bills!" Oldest Brother gets really angry and decides he'll try to sell Mr. Z's house too. Oldest Sister objects! Oldest Sister arranges for their sick brother to go to "the best" rehab hospital-- but Oldest Brother objects! ... Long story short, the only recourse would be for the 2 to go to Court....OR for the Person to discharge/revoke one or both POAs! So, to avoid conflicts between 2 people with "powers" it is much better that there is ONLY ONE Power of Attorney, given to a person with the most stable financial habits, with common sense, and knowing they will not receive any financial gain or benefit (which can only occur in Estate proceedings once a person dies, but NOT under a POA).
Can a person with Power of Attorney be a beneficiary in the will.?
No. Most states if not all states have specific laws that this is one of several things the holder of a power of attorney cannot do by virtue of his authority under the power. Only the person making the will can alter it.
And if, the person making the will can no longer sign papers, but states his wish to add a niece to their will in front of family witnesses?
What would you do if you were principal for a day?
Since I Still Go To School, If I Was The Principal I Would Drench The Schools Gym Floor And Make A Slippery Slide, I Would Have A Water Fight And I'd Change My Permanent Records To All A's For Every Year And Years To Come, I'd Get All The Year 10s (Who Pick On Us Year 8s) To Apologise And Beg Me For Mercy!! And Then I'd Shut The School Down!!
Ahaha Nah I Have Way To Many Ideas To Name Lolz.
WAIT ARE YOU SEROUS OR JUST KIDDING??
Can you pass power of attorney down to your husband if you die?
If you were grated a POA to act for some other person then you have no right to transfer that power to anyone else. If an attorney-in-fact dies the principal needs to appoint a new attorney-in-fact.
How do you sign a legal document as power of attorney?
The principal is the person who has executed a Power of Attorney appointing an attorney-in-fact. The attorney-in-fact signs the principal's name on any legal documents. Suppose William Quinn is the attorney-in-fact for Florence Quinn. William would sign Florence's name on the signature line and beneath the signature line should write "by William Quinn as attorney-in fact".
How to Obtain a power of attorney?
You don't "obtain" a Power of Attorney - it has to be GIVEN to you voluntarily by the person over whom the power will be exercised.
If you are referring to a Guardianship over someone, you would have to go to court and present evidence, and possibly testimony, that the person you wish guardianship over is incompetent to care for themselves or carry out responsibilities on their own behalf.
Can a brother be awarded power of attorney over his sister?
No. A POA cannot be transferred from the holder to another individual. A new POA or guardianship order will have to be obtained through the required legal procedures by the person seeking such.
Can i Challenge the power of attorney?
If the principal became incapacitated and someone else legally requested the court to determine the principal's incapacity, the attorney-in-fact's authority to continue to act on behalf of the principal in his/her name would be suspended until the court made a final determination or if the request is dismissed or withdrawn.
Power of Attorney paperwork usually specifies what they can make decisions on. Unless it states they do not have control over insurance policies, then they are able to change the beneficiaries and the percentage they would receive.
What does extended power of attorney mean?
When a person extends power of attorney, it simply means that they give the person power to act on the behalf of the person who extends power of attorney to them. This may be for a specific purpose (such as signing paperwork for a particular purchase like a car), or could be for almost any transaction that the person would do themselves.
What is statuatory power of attorney?
Originally a Power of Attorney was a deed which appointed an agent or attorney during the pleasure of the person doing the appointing. That is to say, the person holding the Power could act on behalf of the person who signed it provided that the person who signed it continued to hold him out as his agent. The power was subject to cancellation at any time.
The law was that if the giver of the Power no longer had mental capacity to give it, the Power lapsed, because the giver could no longer hold the holder out as his agent.
However, many people thought that a Power of Attorney would be a useful device to empower someone to look after the affairs of the incompetent--it was cheaper than getting a court order to commit someone, and the person could appoint the custodian of their choice. However, that was not possible without special legislation to allow Powers of Attorney to last under certain circumstances even when the giver is no longer mentally competent. Such Powers are called durable powers because they survive mental incompetency. Powers which lapse on the incompetency of the giver are nondurable.
Can a lifetime estate be ended by a power of attorney?
No. A power of attorney ends with the death of the principal.
No. A power of attorney ends with the death of the principal.
No. A power of attorney ends with the death of the principal.
No. A power of attorney ends with the death of the principal.
Can you appoint yourself as executrix of an estate if you were power of attorney and in the will?
No, only the person making the will can make the appointment by naming the executor/executrix in the will.
ClarificationThe testator can name their choice for executor in their will but that person has no power or authority until they have been duly appointed and issued Letters Testamentary by a probate court. Once that process has been completed they are the appointed executor. Many wills do not name any executor. In that case anyone who qualifies under state law can request appointment and will be appointed if there are no objections.Can you add your sibling to a power of attorney?
You can't add yourself to their request without their agreement. If your mother is not legally competent, the power of attorney will be granted by a Court and you can ask the Judge to include you, or name you instead of them. What the judge will do depends on who well your argue your case.
Clarification
You haven't added enough detail and you are confused about your legal terms. You haven't mentioned who the principal is. In the United States, Powers of Attorney are not granted by judges.A person must be legally competent to grant a POA and it must be done voluntarily. The principal chooses their attorney(s)-in-fact. No one has the right to "add themselves" to a Power of Attorney.
On the other hand, if someone has petitioned to be appointed guardian over a legally incompetent person you can't ask the judge to "include you". Rather you would need to file your own petition. The court would launch an investigation as to the best appointment for the ward. However, we don't know what you're asking about.
Can you add an alternate to an existing power of attorney?
No, a POA can only be revoked or amended by the person who awarded it, or in some instances by the court. If the person is not competent enough to amend or revoke the order and it is necessary to do so, a petition of guardianship and/or conservatorship will need to be filed with the Probate Court.
Can you sign a power of attorney without a notary?
This question could be interpreted 2 ways:
1.) Does power of attorney give you the right to notarize a document on behalf of a notary? No, a notary is someone that is licensed from the State to witness forms.
2.) Can you use a power of attorney form to notarize a document? No, you need a notary form. (see link below to free notary form)
How do you sign as a power of attorney?
Disclose your identity as an agent whenever you act for the principal by writing or printing the principal's name and signing your own name as "agent" in the following manner:
(Principal's Name) by (Your Signature) as Agent, or
(Your signature) as Agent for (Principal's Name).
Absolutely NOT! Unless he would like an extended visit to a state prison. If the POA grantor is competent and wishes to leave all such assets to the son in by means of her will or by legally transferring said assets to the son, then the assets might not be subject to probate procedure. Although any sign of misappropriation of assets would be subject to audit by the probate court and by state and federal tax agencies. Of course all other "interested parties" would be able to contest the will and possibly the transfer action upon the death of the grantor. It is assumed that the POA holder is aware that any such transaction needs the approval of the probate court before they can be done.
