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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
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.
Is a power of attorney valid if the notary seal has expired?
If the notary's license was current at the time he notarized your document, your document is perfectly legal. If there is a question of legality, have the dates of the POA amended and resign and notarize.
Do you sue the power of attorney or the person he represents?
Any act that the agent completes for the principal in good faith is considered legal.
However, they can be sued if they act irresponsibly with the principal's assets or engage in self dealing. They can also be prosecuted. An attorney in fact under a power of attorney is subject to all laws that govern fiduciaries.
Where can I get a free download of power of attorney form?
You can get a power of attorney form online or at your local office supply store. You can also get the proper form for your state at your local law library.
Websites that advertise free forms for power of attorney are just posting any forms they can find on the Internet and then placing ads all over the pages to collect monies from the advertisers when visitors click on those ads. If you read their disclaimer, it will always read that they are not responsible for any loss or damages if you use their forms. It's just a gimmick and using "Free" is the bait.
Caveat: A Power of Attorney is a powerful document. It gives another person control over your assets. There are different types. A person should always consult an attorney when planning to execute a Power of Attorney. People who sell forms online are not experts on the legal consequences of executing those forms. They sell paper.
Who is the agent in a power of attorney?
Yes, then the officers who can sign for that company can sign documents for the principal. This is done all the time in the mortgage industry when banks appoint other banking institutions as their attorney-in-fact.
Yes. The power of attorney for an attorney in fact is extinguished upon the death of the principal. Therefore, the power of attorney was no longer in effect at all after your grandmother's death. The attorney-in-fact has no authority to remove funds with or without the executor's consent.
An AIF who used their authority under a POA after the death of the principal is stealing.
Apply to the probate court for an emergency power of attorney. The hospital can probably assist and will have to provide some documentation.
Where can you find durable power of attorney template for free?
There are a number of options available for one to view a durable power of attorney form. These forms are available for viewing on sites such as Expert Law, The Doc Diva and Power of Attorney Form Template website.
Can a 17 year old hold power of attorney for a parent?
In most states the person who is named as the agent or attorney in fact must be 18 years of age (legally an adult) or older.
Getting power of attorney after parent is dead?
You can't. Power of Attorney is only for people who are alive. You can however petition to become the executor of that person's estate.
An attorney-in-fact has broad powers under a POA unless the principal limits the powers by granting only specific powers. You need to review the POA document to determine what powers were granted. If no specific powers were recited then you must check the statutory powers granted to an attorney-in-fact under a POA in your state. POAs are governed by state law.
Can banks remove power of attorney's from an account?
Some financial institutions make available a specific power of attorney for their account holders use. They are used to give someone the authority to conduct financial transactions with only that financial institution.
How to fill out a power of attorney?
"Power of attorney" means a writing that grants authority to an agent to act in the place of the principal. Many states provide statutory power of attorney forms for financial and medical matters that are easy to understand and you only need to fill in the blanks and sign it. You can find these statutory power of attorney forms at businesses that sell legal forms.
Can power of attorney be taken away if you become mentally ill?
- Yes, Power of Attorney can be taken away if that person is mentally ill and the family of the person that requested the Power of Attorney deems fit to have that power taken away from the Power of Attorney. The Power of Attorney is an important action to look after particularly the financial affairs; bill paying, etc., of a sole person.
Can you get power of attorney if you are a felon?
Not likely. In many states it is necessary to go through the court to validate a POA and a convicted felon would not qualify; in other states it can be done with a simple affidavit that is signed by all parties and notarized.
Even in states where only a notarized affidavit is required, it would likely be challenged once the court learned the grantee had a criminal conviction.
Who can notarize power of attorney?
Someone who has no legal capacity, e.g. a person who is mentally incapable, a minor, etc.
Does a power of attorney need to be notarized in the State of Washington?
Yes, all power of attorney forms must be witnessed by a notary to be official.
Your brother cannot be the 'power of attorney' for your mother's estate. A Power of attorney is extinguished upon the death of the principal. If your mother has died then your brother has no more authority over her property. In order to obtain the legal right to manage her estate you must apply to the probate court for appointment as the personal representative of her estate.
What happens if the power of attorney is still used after the decedent's death?
Power of attorney ends once death occurs. In order to settle the decedent's estate you have to file a petition for probate at the probate court and request appointment as the estate representative.
AnswerIf someone uses a Power of Attorney to access a decedent's property they could face criminal prosecution for fraud and a host of other criminal offenses. They have no authority since the power under the POA was extinguished immediately at the time of death. As stated above, to have authority over the estate of the decedent someone would need to submit the decedent's will for probate and petition for appointment as the executor, or, petition for appointment as the administrator if there is no will.