Power of Attorney

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.

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.

You can find a do it yourself power of attorney handbook online or at your local bookstore.

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.

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.

You present the power of attorney form to the third party.

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

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.