Power of Attorney

Next, you are not the executor until you have been duly appointed by a court. Only a court can appoint an executor. If you don't want to take on the job of executor then when the will is filed for probate your sister can petition to be apponted the executor and you can file a declination at that time.

An executor cannot assign their powers to someone else via a power of attorney document.

Yes, upon death any power of attorney granted by that person ceases to be effective.

That means it can be revoked at any time by its maker. The maker should revoke the POA in writing and deliver a copy to the attorney-in-fact and any facility where the POA has been used in the past. If it was recorded in the land records the revocation should also be recorded.

The most important directive to have, experts say, is the power of attorney for health care. This is a legally recognized document that allows people to appoint someone they trust to make medical decisions for them if they are unable to do so themselves.

No. The only person that can have that money is the beneficiary on the account. And then whatever is stated in the will. All the POA does is allows the POA to sign on your behalf if your not present or unable to do it because of your health.

This is very tricky. It all depends on the original estate documents. If the documents state something like " If _______ is unable or unwilling to serve or ceases to act then _________ shall act..." In this case I would suggest no because the original person whose documents you are executing already covered that. However, if no one else is listed and the mother has a power of attorney that states that the daughter may act on her behalf to settle estates and trusts then yes that power can be exercised in accordance to the documentation under the guidelines of the state and the county. But as stated earlier if backup individual is listed if the first can not do the duty then no.

You need to contact law enforcement (who may not actually be able to assist you) and the court system ASAP. I STRONGLY suggest that you contact an attorney to help you, as I believe that you could be in for a long and nasty struggle.

Your power as attorney-in-fact for your mother expired upon her death. Only the probate court can appoint an executor. If your mother died testate the court will appoint the executor she named in her will. If none was named, the court will appoint one.

One is able to obtain a durable power of attorney (which is a letter of written authorization by an attorney to represent another on their behalf) by contacting a local attorney or city hall and requesting the forms to fill out for an application to obtain a power of attorney.

A POA is granted by persons who for whataever reason are unable to conduct their personal and/or financial affairs. An individual cannot grant themselves a POA. The method for closing a joint account is to close the existing account and open a single account. The other account holder would obviously be notified of the action as they would have to be a part of closing the account depending upon how the account is held (JT, JTWRS, TBE, etc.).

No.

If the attorney-in-fact dies their powers don't need to be revoked. They can no longer exercise those powers. If the principal wants to continue having an AIF they can draft a new POA and provide copies to any entity where it might be used. A statement could be added to the new POA document informing them that the former AIF (name + date of appointment + date of death) has died. If no new AIF will be appointed then notice of the death of the AIF could be sent to any entity where the POA had been exercised such as banks, investment firms, etc.

Along with a Will, you should also have a designated person with power of attorney and a health care directive in case of serious illness or injury.

No, they are two different things. A trustee administers a trust and has a fudiciary duty to maintain it as specified by the trust. A power of attorney is someone that is representing another person.

That would depend on the cognitive ability of the patient. Some people with AD still retain the ability to comprehend such an issue. Others might be cognizant at the time the document is signed and deny later that they agreed. In many states if POA has not been validated before the diagnosis, a spouse or family member must apply for adult guardianship through probate court. Each state has specific laws concerning legal issues relating to persons who are mentally impaired. Consulting an attorney who specializes in Elder Law might be the best option.

The person should be reported to the authorities immediately. You should make an appointment with someone in your local District Attorney's office and bring any evidence you have with you. Do not delay.

No. A power of attorney generally does not extend to the power to change the principal's will. There are certain instances in some state statutes where a person may direct that another person sign the will for him or her, such as where a person making the will is paralyzed. However, the person making the will would have to make that direction in view of the witnesses. In this sense, while some person other than the testator signs the will, it is not because of the laws governing agency and powers of attorney, but the laes governing the making of a valid will that permits it. As usual, you must look to the laws of the jurisdiction in which the testator is making the will to see what is and what is not permitted.

You cannot acquire a Power of Attorney for a person who has died. If there is property that must be transferred, and no will, you must petition the probate court to be appointed the Administrator of your deceased sibling's estate.

No, not without that persons consent. Not to mention that person would have to qualify.

You can get a durable power of attorney at an Attorney's office. If you can't afford an attorney you can check with your local legal aid office. You can also find power of attorney handbooks with forms at a bookstore or library.

There is nothing automatic about the process. Either they are granted the power by the person in question or the court has to grant it.

You shouldn't get involved with "revoking" a POA that you didn't execute. If it's not yours then you can't revoke it! It is assumed that someone forged a power of attorney in your name and has used it to accumulate debts in your name. You will be required to involve the police in this matter and you will need to press criminal charges against the forger. You should file a police report with the details of the forgery immediately with any evidence you have to show there is a forged POA in your name. Then you should make an appointment with the district attorney in your jurisdiction to report the criminal act and provide that office with the evidence. Anywhere the POA was used should be provided with a copy of the police report and any action that is being taken by the district attorney. The creditors will require official notification that the matter was turned over to the police.

Many free documents can be accessed via the website http://formsguru.com/. This site will lead you through all you need to know about the legalization of the document as well as most forms are completely free.

No. A power of attorney must be voluntarily executed by a legally competent person.

If the person does not have legal capacity you must petition the probate court to be appointed the legal guardian.