Power Of Attorney

Question: How to get legal power of attorney??? For a father that has given power of attorney to a non family member? How can it be changed to some one else as power of attorney?

Answer: If your father gave a POA to a non-family member who exerted any undue influence or coercion or took advantage of any diminished capacity, then you may be able to have the POA declared void. Also if there is any evidence of misuse of the POA like the non-family member giving "gifts" to himself from your father's accounts, then you may want to contact the DA. If your father suffers from diminished capacity to the extent that he may qualify for a guardianship, then the guardianship would trump the POA. It sounds like you could benefit from spending a consultation fee and talk with a lawyer who is knowledgeable about powers of attorney.

Question: What if a loved one does not have a power attorney, what options are available? If a person is physically and mentally unable to take care of their legal matters, but they don't have a power attorney can the loved one do?

Answer: Go to court and be appointed their "attorney ad lidem" (not sure about the spelling). They would do a competency hearing and then decide. Most social workers at a hospital, retirement home, etc. can get you on the right path to start the process.

Question: What is a power of attorney and price? can a public notary do it? or it has to be with a lawyer...price for the document? what is a power attorney?

Answer: A legal power of attorney names an agent who is given total freedom to act as the person who appointed him/her. It is a very dangerous document because it can allow the agent to legally rob the person of everything they own. For those who are going into a hospital a POA can be written to have a beginning an ending date on it. There are many court cases where a person signed a power of attorney and the agent took all his/her finances, property, and bank accounts. Once a person signs the POA there is nothing the courts can do to get the money or property back. The price varies by state and by who drafts it up. In most states there are no "Forms" for a POA because each one should be tailored to the situation and state laws vary so much. This is not a do it yourself form because it has so much power and can do so much damage AND must conform to your state's laws.

Question: Will they check my credit when I get power attorney over my boyfriend? My boyfriend is having me become his power of attorney and I was wondering what I will need to do and will they check my credit?

Answer: No it has nothing to do with your credit or anything about you. It is a paper that gives you the power to control (make the decisions) on his behalf should he be unable to do so. It actually is saying he really trusts you a lot and believes he can depend on you. You should feel honored!

Question: Is there a standard legal letter that can be sent to an executor of a will that had power of attorney? For joint executors of a will, where one of the executors was the power attorney is there a standard legal letter that can be sent to executor that had power of attorney requesting financial details of how the deceased money was spent? What are the legal implications if the executor that had power of attorney will not disclose this information?

Answer: none the power of attorney expires upon the death of the person

Question: Validity of Property Purchased by notarised Power Attorney.Original owner says he revoked it before by letter? I Purchased a Property which was mortgaged in Bank by seller and her NRI Husband. Husband Issued Notarised Power of Attorney in favour of Wife. After my Purchase of Property husband disputes saying that he has revoked the Power of Attorney by sending a letter to her wife which she says that was not received by her. Whether my title on property is valid legally.

Answer: Don't worry. Your title is valid. The Husband if honest should have chased his wife and obtained back the original Power of Attorney. simply saying he has sent a letter to his wife will not be accepted legally as Power of Attorney is accepted mode in transfer of property. you see that you are in possession of the property.

Question: how do i obtain a power of attorney? My dad is not feeling well lately, and i need him to give me power attorney. so i can be able to make calls on behave of his name. where do i go ?

Answer: DO NOT DIY a POA. Take your dad to a lawyer, have the very specific circumstances written up precisely as needed, and have the signature witnessed and notarized

Question: How to write Power of attorney letter? My dad currently living in europe and he has a land and a shop in india.. And he gave it to his cousin in 2006. He wants to write a attorney power.. I need help writting a letter.. Please help me. If u can please gice me sample letter! Thanks in advance

Answer: Hi B_B You need a lawyer to write and it cannot be written by an individual.

Question: power of attorney when selling a motorcycle? I have a motorcycle in Las Vegas which I am planning to sell next week. I am currently in Los Angeles. What steps do I need to take when it comes to power of attorney and having my friend signing the bill of sale for the bike for me if I am absent? do I just get a power of attorney notarized and do I have to register the power of attorney with the city or county??? what i am confused on is how would the dmv know if i gave my friend the power of attorney to sign a power of attorney when the buyer goes to register the bike??? thanks!

Answer: You need to go & see a lawyer. He'll draft the POA for you. I know you like your friend, but make sure the POA states that it is ONLY for things relating to the sale of your motorcycle. You'd be amazed at the amount of times a general POA has been given to a trusted friend or family member & they abuse it by ruining your credit. Once that happens, your ownly course of action would be to try & take that "friend" to court & handle it in a civil trial. Since you gave them permission, there is no crime & police can't help you.

Question: What kind of power of attorney do I need to file if the person is already deceased? My brother passed away and he has never been married and has no children. He did not have a power of attorney and now we are trying to file taxes, deal with his personal property, real estate etc.. and we need to have a power of attorney... I am going to try to file this forms myself but is very unsure which power of attorney I need to file to give my mom all the rights to act on his behalf ... Could someone please advise me ... I am in the state of Mississippi.

Answer: I dont believe you would be filing to become a power of attorney since he is already passed (sorry to hear that, btw). I think you would be seeking to be the executor of his estate.

Question: Can a Power of Attorney be on someone's will or is that a conflict of interest? An elderly woman I have been friends with for many years wants to make changes to her will. She wants to add her step-brother, who is her only living relative. Her power of attorney is inheriting 75% of the assets on her will. This elderly friend has asked to update her will, but her power of attorney believes that the elderly woman is too confused to make any clear judgments. Her memory is fading but she is still very coherent. I don't know what to do. Any suggestions?

Answer: The person holding the power of attorney has a massive conflict of interest. Your elderly friend is going to have an estate battle on her hands. She needs to be examined by a physician who specializes in geriatrics to see whether the doctor believes her capacity is diminished. If the doctor believes she is ok, the first thing she needs to do is see her lawyer and revoke the power of attorney. Then, she needs to revise or rewrite her will. The attorney should be made aware of the opinion of the POA person and the attorney should take steps to show that your elderly friend is competent - like video taping his interview with her and putting language in the will acknowledging that POA guy believes she's not competent. He should also add an "in terrorem clause" to the will which says that if anyone contests the will and loses - that person gets NOTHING. If she signs another power of attorney, she should choose someone neutral.

Question: Does durable power of attorney give me the right to quit claim my dying father's home to myself and siblings? My father is dying and doesn't want to have his properties probated, yet he never set up a trust or quit claimed the properties to us children. I have durable power of attorney. Can I quit claim the house and land to me and my siblings, legally? This is my father's wish, so we're not doing anything he wouldn't want. Or could I set up a family trust as his POA? Thanks for the help!

Answer: You may do anything that your father would have done. If challenged in court as a conflict of interest, you have to provide the court a reasonable explanation of your actions. If there are any family members or creditors who might contest your action, your action could leave the estate in litigation. This is the primary area of risk. Quit claim also does not clear title if it was previously clouded. An action like having the home sold for taxes and bought back by family does clear title, but it can take a lot of time.

Question: How does one create a power of attorney when the individual lives outside of India? How does one create a power of attorney strictly for real estate when the property is in India but the individual lives outside of India? She wants to giver power of attorney to her brother who lives in India.

Answer: First engage an Indian lawyer who will draft the contents for power of attorney based on the Indian rules and regulations, this draft of power of attorney be printed on white sheet of paper to be signed by the person making this POA, witnessed by two witnesses, attested by the Indian Consulate or Indian embassy/high commission in the foreign country if this POA is being given by Indian or NRI or PIO or OCI cardholder. If the person giving the POA is a foreigner than this can be registered and attested by Notary Public or any foreign authority who is officially competent to do so. Along with this POA also send attested true copy of the passport or any document of the person making the POA which is proof of his/her identity.

Question: How do you revoke durable power of attorney in the state of missouri? My Grandmother made gave somebody power of attorney and they are using it to cash in bonds and other things without her permission. She would like to know how to take away the power of attorney from that person.

Answer: She just needs to sign a statement revoking the power of attorney and/or appointing a new person with power of attorney and make sure a notarized copy is delivered to the former person with power of attorney. Of course, since he still has the old paperwork, you would need to contact any financial institutions where her information is held to let them know of the change.

Question: How can a power of attorney affect the custody of a minor? My dad says he can't legally give my mom custody of me. Exept through a power of attorney. I don't understand and he won't explain anything. If there is any other way out of this I would like those suggestions to.

Answer: Power of attorney is a legal document giving rights of choice to another individual. Such as if someone develops Alzheimer's and can no longer think for themselves, a power of attorney is normally granted to a family member to make decisions over what type of care they should get and how their money is to be spent. Now as to why your mother cannot take custody, I do not know. I am assuming it was a court ordered divorce thing. In order for you to be transferred your father must give away custody and your mother must accept custody. The a lawyer has to draw up the paperwork for the people involved to sign. It is a big legal procedure since it involves basic rights on an individual. If the situation is not being fully explained there might be some other issues at work.

Question: How much Power does the Power of Attorney have in this situation? My mother just had a heart attack and her power of attorney called me and suggested that she go to a nursing home. If I want her to come and stay with me and she wants to come and stay with me, can the power of attorney stop it? Thanks for any help in this matter?

Answer: Is the Power of Attorney the Conservator or just have Power of Attorney privileges? If that person has only Power of attorney she has no court order rights to decide anything for your mother,only a Conservator can decide for your mother. Go to the library and look under Elderly Care for valuable info that can help you understand how to manage your mother's care. Good Luck

Question: How do you use power of attorney on a quit claim deed to sell property? My friend is buying a house from a woman whose Mother is in a nursing home. She has power of attorney. Can she fill out a quit claim deed and sell the property? Will it be binding?

Answer: She needs to ask the title company and her attorney what is acceptable and what is not.

Question: What powers does a person have that is a power of attorney and executor of a will have? My brother is the sole power of attorney and executor of my fathers will. There are four us. Me, my other two brothers and my oldest brother. It says in the will that when my father passes away that everything is to be split up four ways between us. Does my oldest brother have to abide by that or can he do anything he wants to do being that he's in control of the will? We're afraid he's going screw us over somehow being thats the way he's always been with us.

Answer: Any Power of Attorney that your father granted to your brother died with your father. Any attempt to act in your father's name using that dead P of A is a crime if the Attorney in Fact knows that he is deceased. The estate will go to probate and the courts will ensure that the executor abides by the terms of any will. Normally the courts abide by the terms of the will and appoint the named individual as executor but anyone can challenge that. The executor must prove to the court that all debts of the estate have been paid, all tax returns have been filed and any taxes have been paid, the IRS and state have released the remaining assets of the estate for distribution, and that all distributions of any remaining assets were in accordance with the decedent's will. Being named as executor in a will is only a request that that individual be appointed as executor. If anyone can show cause as to why that person should not be appointed the judge can appoint someone else. Normally that will be some disinterested 3rd party such as an attorney or the trust officer at a local bank if the various family members are squabbling over who should be appointed. Keep in mind that that won't be free. Costs of settling an estate can rise dramatically if an outsider is named as executor. Attorneys don't work for free!

Question: How do you get power of attorney from somebody who is unable to respond/communicate? Pretty much self explanitory. Additionally, what if the person seeking power or attorney is already executor of the person's will and is the person's only living descendant? If the person cannot communicate or is not of sound mind, what do you do?

Answer: A person who is incapacitated cannot give anyone their power of attorney. A court may grant guardianship to a person to take care of decisions for the incapacitated person. Consult your attorney as soon as possible. This is not something that can be done without an attorney in most jurisdictions.

Question: How do I acquire power of attorney for a deceased mother, in order to claim medical records? My mother passed four months ago and I have had the worst trouble obtaining her medical records from one of her primary doctors. I need them to send to the life insurance company, but the doctor is now telling me I must show that I have power of attorney. My dad is also deceased and my brother and I have too little money to risk hiring a lawyer, in case we don't get the settlement from the life insurance company after all.

Answer: The executor of your mother's will should have the ability to access those records. Failing that, go to your local courthouse and speak to the clerk, who should be able to supply the needed forms.