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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 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.
How do you sign a Michigan power of attorney?
The preferred form is for the attorney-in-fact to sign the principal's name on the signature line. Below that line should be typed or printed, "by James Brown as Attorney-in-fact for Charles Parker".
If you are married do you still need a power of attorney?
It does not happen automatically. However, there are limited instances where both will be held accountable for certain debts and actions.
Can someone with Power of Attorney access funds after someone dies?
No they will not be able to access funds. A power of attorney expires on the death of the grantor.
Can a power of attorney be reversed or amended?
A power of attorney can be amended or canceled. It is a temporary thing and can be revoked by the grantor at any time. They can change or restrict it any way that they wish.
When does a durable power of attorney end?
A durable power of attorney terminates when:
- The principal dies;
- A legal guardianship (or conservatorship) over the principal is allowed by the court;
- The principal or a judge revokes the power of attorney
What types of legal actions can an attorney in fact under a power of attorney perform?
An agent that has accepted appointment shall:
(1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;
(2) act in good faith; and
(3) act only within the scope of authority granted in the power of attorney.
What situation in the play best shows the use of language to gain power over another person?
When Ariel accuses Antonio and Alonso of treachery against Prospero, he gains power over them.
Can power of attorney be done by two people?
Yes, in two instances. If there is an actual valid Power of Attorney (POA) document that states that the the POA is shared amongst more than one person, the POA is divided amongst whoever is named in the POA. Alternatively, if there is no POA document and, for example, a parent is incapacitated, the POA would automatically be divided amongst the incapacitated parent's heirs or children. This may vary from jurisdiction to jurisdiction. For instance, in your jurisdiciton, the oldest child may automatically get full POA or the POA may be divided equally amongst all living children. Without knowing where you are, it's impossible to tell. You should contact a lawyer in your jurisdiction. If there is no POA document and POA automatically is divided amongst the parent's children and there is a disagreement as to how to proceed, either with the parent's healthcare or with the parent's assets, again, a lawyer should be contacted to ascertain your rights in your jurisdiction.
How does someone revoke power of attorney?
The attorney-in-fact can simply resign in writing if they wish to end their responsibilities under the POA.
The principal can revoke the POA in writing, in much the same form as the original POA document. The revocation should name the AIF, the date she/he was appointed and that the Power of Attorney has been revoked as of the date of the revocation. A copy should be provided to any entity or facility where the POA had been used. If it involved the ability to sell real estate the revocation should be recorded in the land records.
The father could execute a POA for emergency medical treatment purposes while the child is visiting with grandparents but he cannot grant any permanent powers that would equal or trump the parental rights of the mother. The temporary medical POA should be discussed with the mother since she has joint legal custody.
How do you obtain power of attorney for an incompetent spouse?
You can get a power of attorney form online or at your local office supply store.
What should you do if an agent does not show proof of Power of Attorney?
If an agent cannot provide proof of their authority then you should NOT accept their signature on any legal document. They have no authority until they can PROVE that they do. When an attorney-in-fact signs a document on behalf of the principal they should not only provide the POA document but also an Affidavit stating they are the AIF, the principal has not died and the POA has not been revoked.
How do you get power of attorney over your mother?
You cannot "get" a power of attorney, your mother would have to agree to give it to you, in which case she would sign a form appointing you as POA. There are specific legal requirements for such a form and it is probably best to see an attorney.
Since this is posted in the disability category, I'm going to assume that perhaps there is some reason to believe that mom may have some mental impairments that lead the questioner to want to become POA. If that is the case and the impairments are severe enough, then mom is not competent to appoint someone as POA (or make any other legal decisions). The correct procedure there is to apply to the court to be appointed as her guardian or conservator (name and procedure varies from state to state). Again, probably best to see an attorney.
Can power of attorney be rescinded?
The persons wishing to have the POA invalidated must follow the prescribed legal procedure according to the laws of the state in which the POA was granted.
When a POA grantor dies the POA becomes invalid and the deceased's financial matters become the jurisdiction of the probate court and the executor of the estate. If no executor was named in the Will or no Will was current the probate court appoints someone to oversee the estate of the deceased.
Can a power of attorney withdraw money from the bank account?
Absolutely not. That is an abuse of their authority. A POA creates a position of trust where the principal grants power to an agent to sign on her behalf when she is unable or unavailable, or simply for purposes of convenience. An agent under a POA has only those powers set forth in the POA document. Unfortunately, an agent has sweeping authority once the POA document is signed and has access to all the principal's assets. That makes it easy to steal. However, a review of bank records also makes that type of crime easy to prove. The agent's office would be compromised by existence of evidence they used the principal's funds for their own personal use. Even if the principal verbally authorized the personal use the agent would be in a precarious situation if their personal use of the principal's money were to be challenged in court later. If the agent is stealing from the principal it should be brought to the principal's attention so the POA can be revoked. If the principal is not capable of supervising the agent then the situation should be brought to the attention of the authorities. You should consult with an attorney if you have evidence that an agent is stealing from their principal. They could explain your options.
How do you get out of a power of attorney?
You may revoke a power of attorney at any time by giving proper notice to the person you had authorized to act for you. A revocation of a power of attorney is not effective as to a third party relying on the power of attorney until the third party receives actual notice of the revocation.
What can a Power of Attorney do?
You can use a power of attorney to grant someone the authority to handle one or many of your affairs.
ADDED: If you are granted a 'general' POA you can act in the grantors place in any matter. If you are granted a 'limited' POA you can only act within the confines of the limits that the document places on you.
If it has been drafted correctly, the circumstances for it's use should be specified. This will generally be, when the person whose affairs that you are assigned to manage is incapable of doing so themselves, usually as a result of ill heath, injury, or age.
Powers of Attorney are also used for many other purposes such as when someone is away in the military, employed out of the country for an extended period, lives in Florida for part of the year, has business interests and needs help signing legal documents or simply for convenience for anyone, especially the elderly. The POA empowers the attorney-in-fact to carry on the financial business of the principal (banking, paying bills, signing checks); manage, mortgage, lease, buy and sell real property; sign contracts, etc. A Durable POA remains effective even when the principal becomes incapacitated due to illness, injury, disease or age.
How do yoube power of attorney for a sick mother?
Your mother must have legal capacity to grant a Power of Attorney and must execute a POA voluntarily. If she doesn't have legal capacity then you will need to petition the court to be appointed her guardian. In either case you should consult with an attorney who can review your situation and explain your options.
You should arrange a consultation with an attorney or agency that specializes in assisting people with special needs. There are many important legal aspects of caring for, managing the affairs for and protecting the assets of a person with special needs.
