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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 does a mother get power of attorney for her adult son who need care?
If the son is legally competent he can grant a Power of Attorney to his mother. If the son is not legally competent then she needs to be appointed by the court as his legal guardian. She could begin by speaking with someone, an advocate if possible, at the probate and family court. If you cannot afford an attorney perhaps the court could direct you to some free legal services agency.
How do you get power of attorney in Mississippi?
You can find a do it yourself power of attorney handbook online or at your local bookstore.
Does a wife need a power of attorney for her elderly husband?
No, not unless you executed a POA appointing your wife as your attorney in fact. Marriage does not confer all the rights conferred by a power of attorney. A POA gives your agent widespread authority to act on your behalf in most legal matters excepting your will.
Your spouse can manage your joint accounts and jointly owned personal property. However, simply being your spouse does not give the authority to manage your solely owned property nor any interest you have in real property.
If you have power of attorney are you responsible for debts?
No, unless you have also been appointed guardian or trustee. Power of attorney just means you can execute certain acts for them (such as cashing checks, etc.)
Even a legal guardian or trustee of an estate is only responsible for debts incurred by the named individual to the extent of the assets of said individual. They are not personally accountable to repay any debt where they are not a named joint debtor.
How can you proove you are power of attorney?
You present the power of attorney form to the third party.
My mother has power of attorney over my grandfather can she transfer it to me?
go to an attorney & have a DURABLE poa drawn up also include a section on what your mother wants concerning medical procedures if she gets sick very much like a living will she will sign & you will sign you must have a lawyer do this but make sure it is a durable poa
Where do you check to see if someone has filed power of attorney on you?
The estate plan document include the Will, living willing, DPOA, HCP, Executor/Executrix. Request the entire estate file, if deceased. Where all terminate at death, I suspect the doc, will not be provided. likely, the nursing home, tax preparer snd the like, would have it, due to the DPOA and AIF, addressing the financial affairs. Requesting the information in a written letter, to the estate Attorney, may provide the answer, but do not believe they are under any obligation to do so.
Also, any title changes occurring, such as vehicle ownership, would require the DPOA Sig. If DMV records are accessible, found there.
A DPOA SIGNS LEGAL AND FINANCIAL DOCUMENTS, and is the person, for whom they serve and have a duty, with their signature with date of Appointment doc after it, and the client for whom they serve. My powers were without limitations, Some restr can be imposed, if the person includes them. A FOOA cannot change a Will.
Where do you file for power of attorney?
A person does not "file for a power of attorney". A POA is granted by one person (the principal) to another person (the attorney in fact or agent) she has chosen to act on her behalf. It confers the authority to perform certain specified acts for the principal. When there is real estate involved the POA must be recorded in the land records.
Can a power of attorney sign for a car loan?
It depends on the power that the POA-holder was granted. If they hold a POA for only specifically named situations - and selling property is not listed - then they cannot. If they hold a 'general POA, then yes, they can sign in lieu of the individual who granted it to them.
How do you apply for power of attorney in NYC?
The proper form to use as an attorney-in-fact in New York is as follows: Linda Murphy, the AIF for John Murphy would sign John Murphy's name on the signature line then underneath would write "by Linda Murphy as attorney-in-fact for John Murphy".
In a matter of speaking, an enduring power of attorney is the power given by someone to a specific person or persons (usually attorneys), to manage their financial affairs. Most of the time, this is done when someone is not capable of handling their day to day situation, but sometimes it is done in the short-term when a person is traveling.
Is there a statute of limitations on power of attorney in the state of New Jersey?
A statute of limitations is related to bringing a law suit. As such, there is no such thing as a statute of limitations related to a power of attorney. The power expires when revoked by the grantor or the death of the grantor.
Is executor of the Will same as power of attorney?
No. A living person (the principal) can execute a Power of Attorney document that appoints an attorney-in-fact to act on their behalf and manage their affairs while they are alive. A POA is extinguished immediately upon the death of the principal.
An executor is the person named in a will to distribute an estate after a person has died. The will must be filed in probate court and the court will appoint the named executor if there are no objections to the appointment. The executor will then have the authority to pay the debts of the decedent and distribute the remaining estate to the heirs according to the provisions set forth in the will and the state probate laws.
How do you sign as power of attorney in NJ?
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 either of the following manners: (Principal's Name) by (Your Signature) as Agent, or (Your Signature) as Agent for (Principal's Name).
How do you obtain power of attorney in PA?
If the POA is already legally drawn up, signed, and witnessed, if it is necessary - you would file it with the Clerk of The Court.
Can you notarize a power of attorney for a non-family memeber?
If that family member in any way would benefit from the POA or have any interest in the appointment of the chosen attorney-in-fact then they should not notarize the POA. In fact, it would be better to have it notarized by a disinterested third party to avoid any future challenges to the actions taken under the powers of the POA by the attorney-in-fact.
Can you give someone power of attorney without their consent?
A person (the principal) can only grant a Power of Attorney to an attorney-in-fact to handle their solely owned property. For example, if you own real property with another person, your attorney-in-fact could only sell your interest in the property. They have no authority over your co-owner's interest.
Can a Notary and Power of Attorney be one in the same?
Not enough information is given with which to answer the question. WHAT kind of "agent" is being referred to?
However this general statement can be made; an individiual acting under a "power of attorney" CANNOT notarize any documents bearing their own signature.
In other words, they cannot sign something acting in their capacity as a POA and then, if they also happen to be a Notary Public, they cannot notarize that same document.
How do you sign as a Power of Attorney in VA?
Virginia's court system posts most of their forms online.
See below for a link to their forms page.
If you don't see the power of attorney form in one of the categories, do a search at the top right of the page.
Can you break a will with power of attorney?
Absolutely not.
First, a Power of Attorney expires upon the death of the principal.
Second, an attorney-in-fact under an active POA cannot make changes to the principal's will.
Third, an executor has no power or authority until the testator has died, the will has been allowed by the probate court and the court has officially appointed the executor.
Fourth, an executor cannot make changes to the will. That is against the law.
Fifth, any person who is attempting to do the action described in the question should be reported to the probate court.
What is the difference between power of attorney and proxy?
Power of Attorney
A principal who has legal capacity must execute a Power of Attorney voluntarily naming an attorney-in-fact. The principal must have the legal capacity to execute the POA. They must understand what they are doing, why they are doing it, understand the effects executing the POA will have and they must not be unduly influenced or pressured by someone else to do it. The principal should discuss it with an attorney who can review their situation, listen to their needs, explain their options and explain the consequences.
Most states grant certain statutory powers to an attorney in fact under a POA and those may include power to make medical decisions. A POA may also be specifically constructed to grant only certain powers. Durable POA is effective even after the principal has become incapacitated due to age or illness. A general POA expires when the principal becomes incapacitated.
An attorney-in-fact must be a trustworthy person. They will have complete control over the principal's assets. A POA is a powerful instrument that should always be drafted by an attorney and to fit the needs of the principal. To create a power of attorney a person must:
- Be at least 18 years old;
- Intend to give the power to the person designated in the document; and
- Be mentally competent, which means able to understands the document;
- Understand which powers are being granted; and
- Understand which property is affected by the power granted.
Unless you are absolutely sure about what you're doing and fully informed about the consequences, you should consult an attorney. A POA grants sweeping powers to your attorney-in-fact. They will have complete access to your assets and will need to be capable of keeping good records. They should keep an account of all the money coming in and all the money going out by their hand. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned.
A medical power of attorney will enable your agent to make medical decisions on your behalf if you should become unable to make those decisions for yourself.
Trust
A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.
There are many types of trusts and trust law is complicated. A trust instrument should always be drafted by a professional in order to meet the needs of the trustor and meet the requirements of federal and state laws.
Does a medical power of attorney need to be notarized?
It depends on the state where you live. In Texas, for example, a medical power of attorney needs either (1) the signature of two persons who witness the subject's signature, OR (2) it needs to be notarized by a Notary Public who witnessed the subject signing the medical power of attorney. It does not need BOTH the witness signatures AND the notarization. But in almost all cases, it is a good idea to get the document notarized even if you have two witnesses. It reduces the possibility that it will be challenged.
How do you sign as attorney in fact under a power of attorney?
You must have that person appoint you as their agent by executing a power of attorney document that is compliant with your state's laws. You can have the POA drafted by an attorney who can tailor it to fit your needs or you can find the forms online at a legal forms database. See link provided below.
Can a Power of Attorney also be a beneficiary?
No. That type of self-dealing would be too easy to challenge in court. It would constitute self-dealing by the AIF which is a violation of statutory laws that govern fiduciaries. An attorney-in-fact under a Power of Attorney should bot be involved with the making of a will. If the principal wants to make the AIF their beneficiary, the principal should have the will drafted and properly executed by an attorney.
How do you obtain power of attorney over a parent?
A power of attorney can only be granted by a person who has legal capacity. If your parent is competent, which is described as a medical physician stating that you are able to think for yourself with an open and clear mind, they must voluntarily execute a POA document.
If your parent is incapable of making their own decisions you need to petition the probate and family court to be appointed as guardian. You will then serve as legal guardian under the supervision of the court. You should consult with an attorney who can review the situation and explain your options.
