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Questions and Professional Answers

Questions and Professional Answers

  • power of attorney

    I have an uncle who has never married, no children. How do we go about getting power of attorney or duable power of attorney, what is the difference? What if he is not able to make decisions for himself? Is it possible to have two people with power of attorney? Does power of attorney cover medical as well as financial? In the event of this person passing , would power of attorney be able to sell home and bury the indivudual? He has a very old will, he has said he has made changes but no one can locate anything.
    • Re: power of attorney

      You have asked many questions and I will endeavor to answer them. Your uncle, assuming that he is able to direct his affairs can request that a power of attorney document be drafted. He can grant anyone he decides the power to direct his affairs for him while he is alive. If there is an old Will, and a codicil cannot be located it is probably best to have an attorney review the information with him and draft a new Will, or a Trust along with the power of attorney documents based on his stated needs at the time.If I can be of further assistance to you do not hesitate to contact me.Kindest Regards,Geoffrey Lahn

      Geoffrey Lahn
      Lahn, McDonagh, and Brown, PLLC
      208 East Michigan Ave
      Saline, MI 48176
  • Revoking a successor power of attorney

    My aunt lives far away. She has recently been placed in a nursing home due to Alzhiemer's. She has a power of attorney for health/estate. The problem is my Aunt's power of attorney feels the appointed successor power of attorney would not have my Aunt's best intrest at heart, should something happen to her power of attorney. The power of attorney wants to remove the successor power of attorney. Can that be done? If so, how?
    • Re: Revoking a successor power of attorney

      No.

      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
    • Re: Revoking a successor power of attorney

      Only a durable power of attorney survives the incapacity of the person who executed it. A standard POA does not. Only your aunt could change the successor agent (terminate the original DPOA and execute a new one) but she can not do it at this time since she is probably considered mentally incapacitated.Interested persons such as yourself and the present agent could petition to begin guardianship proceedings. The DPOA would then be suspended and, depending on the outcome, even terminated. The guardian(s) could then be different than the agent(s) your aunt had named in the DPOA. Best wishes.

      Marie-Anne Oatley
      Law Offices of Marie-Anne Oatley
      1200 N. Federal Highway, Suite 200
      Boca Raton, FL 33432
  • Powers of Attorney

    How do you find out how to obtain medical and financial power of attorney? Does the person have to sign a form to give power of attorney?Our brother is claiming to have power of attorney, but our mother says he does not, nor does she want him to. How do we find out if he has power of attorney? Can there be more than one power of attorney? Does the family have to agree on who is named power of attorney?Our mother is quite competent and is able to make decisions,but she is quite ill.
    • Re: Powers of Attorney

      A power of attorney is a legal document which mustbe signed in proper form and notarized and verifiedetc. It may be filed in the County Clerk's Officebut this is not necessary unless real property isbeing affected. While not a difficult task toprepare, it still should be done by an attorneyYou can have more than one, but it is not recomendedThere are no standards of conduct relative to aPower of AttorneyHaving a Power of Attorney is better than havinga need to have a Guardian appointed when oneloses competency because that is the most expensiveproceeding The family has nothing whatsoever to do with whoa person gives a power of attorney toThey could get involved in a formal Guardianshippetition.Hire a lawyer who knows this stuff

      Garry Hanlon
      Garry Stephen Hanlon, Esq.
      PRACTICE CLOSED
      Rochester, NY 00000
    • Re: Powers of Attorney

      If your brother has a power of attorney, your mother would have had to execute a document. If she says she did not sign any such document, then he has no power of attorney.Also, ask him to produce the original power of attorney. If he cannot, he never had it.He may simply be trying to take control. Confront him about it, and if he will not produce paperwork, he probably doesn't actually have the power of attorney.

      Amy L. Finch, 845-362-0387
      Amy L. Finch, Attorney and Counselor at Law
      280 Midland Ave, Saddle Brook, NJ 07663
      P O Box 89, Theills, NY 10984
  • Power of Attorney

    Is there a simple Power of Attorney form I can use that would pertain to ONLY ONE MATTER rather than an overall, all-encompassing Power of Attorney?Specifically, my parents-in-law would like to give me Power of Attorney pertaining to a car accident and potential subsequent lawsuit that may come against them. I only need Power of Attorney for this one, individual matter.Thank you!
    • Re: Power of Attorney

      A Limited Power of Atorney form. Limit the power to however you want to relating to the accident.

      Mark Lawrence
      Mark Lawrence & Associates
      80 SW 8 Street, Suite 2000
      Miami, FL 33130
    • Re: Power of Attorney

      You can make your power of attorney specific as you want. In answer to your question, yes. Get a form and specify that it relates only to the accident and describe it.Good luck.

      George Savage
      George S. Savage, P.A.
      777 Brickell Avenue, Suite 1114
      Miami, FL 33131
    • Re: Power of Attorney

      While they may give you power of attorney their insurance carrier will still require their cooperation.

      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
  • Power of Attorney

    Does a Power of Attorney expire upon the death of the person that gave the Power of Attorney. eg. If someone gave me a Power of Attorney to handle their personal affairs and they died, is the Power of Attorney revoked upon their death assuming it is just a standard Power of Attorney to help them with handling simple everyday affairs such as signing to sell an automobile, selling a piece of property or paying their bills?
    • Re: Power of Attorney

      As a general rule, any authority granted pursuant to a power of attorney terminates at the death of the grantor.

      John Harris
      John Harris, attorney at law
      P. O. Box 198732
      Nashville, TN 37219-8732
  • power of attorney''general''

    I was appointed power of attorney by my sister who was in state jail. How is power of attorney terminated? Can she appoint another person as power of attorney before terminating mine? What of my decisions can be challenged with a general power of attorney over all affairs.
    • Re: power of attorney''general''

      Your power of attorney can be terminated by your sister making a new statutory power of attorney, or upon her death. As s0on as she appoints a new attorney-in-fact, yours ends.Anything that smell of self-dealing may be challenged. That includes making loans to yourself, paying yourself a salary for holding the general power of attorney or commission for transactions as attorney-in-fact, buying personal items for yourself or family, or any other transaction where you stand to personally benefit.

      Peter Bradie
      Bradie, Bradie & Bradie
      6606 FM 1488, Suite 148-363
      Magnolia, TX 77354-2544
  • Power of Attorney

    My Mother was involved in an auto accident that has left her unable to write or walk. She gave me power of attorney to handle her affairs, including banking. I took the notorized 'power of attorney' paper to my mother's bank and they refused to honor it. They told me that the 'power of attorney' that i had was a 'Durable' power of attorney. In order for the bank to honor the power of attorney, I would need to have a 'Non-Durable' power of attorney. Do I need to get a 'permanent' power of attorney to handle my mother's banking affairs?
    • Re: Power of Attorney

      If you have a Statutory Power of Attorney, the bank cannot refuse it, however, you need to make sure if the power of attorney is one that only goes into effect when your mother is incapacitated, that you obtain the doctor's certificates first. Check the power of attorney language.

      Mina Sirkin
      Sirkin & Sirkin
      20750 Ventura Blvd, Suite 201
      Woodland Hills, CA 91364
    • Re: Power of Attorney

      A Durable Power of Attorney means that it is good if your Mother becomes incapacitated. A Non-Durable Power of Attorney means that as soon as your Mother becomes incapacitated it is no longer good. The bank probably wants a Special Power of Attorney that is specific to that bank, and that account. Banks normally have them to give to you. Then you'll need to have your Mother sign it before a Notary, and take it back to the bank. If your Mother's bank doesn't have it. Go to the B of A, and they'll give you one. You'll have to white out the B of A name and type in your bank's name. If your Mother can't sign her name, but can make an 'X' or any other mark. The notary can still notarize your Mother's signature. Whatever it looks like is 'OK.' If the notary knows your Mother no identification is required. If the notary doesn't know your Mother. You'll need photo ID. If your Mother doesn't have one then you'll need to take her to DMV, and get her a (non-driving) photo ID. You'll also need a Power of Attorney for Health Care for your Mom. They are available on the Internet or at stationary stores. One done by a particular hospital is only good at that hospital. I can E-mail these forms to you if you can't find them. All powers of attorney are no longer good upon the death of your Mother. So do a Trust or Will ASAP if your Mother's estate is over $100,000.00 and has any real property it worth over $20,000.00. Banks are not always uniform in their policies on these matters. Don't hesitate to ask to speak to the branch manager.

      Victor Hobbs
      Victor E. Hobbs
      23161 Tulip Street
      El Toro, CA 92630-4534
    • Re: Power of Attorney

      The bank's answer to you makes no sense, but this is common when banks are dealing with powers of attorney. The "durable" power of attorney is good whether or not your mother is incapacitated, while a non-durable is good only if your mother is NOT incapacitated. Thus, the durable is the more versatile one. Even so, it sounds like your mother is not incapacitated, so even a non-durable power of attorney would work. What you need to do is talk with the branch manager and tell him/her that California law requires that they honor the power of attorney. If they refuse (and they probably will), ask them to submit it to the bank's legal department, and make sure they do--the legal department will then inform the local branch that it must accept the document.

      Chris Johnson
      Russakow Ryan Johnson
      225 South Lake Avenue, 10th Floor
      Pasadena, CA 91101
  • Transfer Power of Attorney by Power of Attorney

    I live in MD, and I am the power of attorney over my late father's estate in North Carolina. He left a significant amount of land and two houses to be divided equally by five of us. Myself and my brother are the only two who have been paying the taxes on the property over the last five years. My other three siblings refuse to agree to the division of the property so that each of us my be responsible for our own taxes. What recourse do I have as the Power of Attorney?Can I, as the Power of Attorney, sell the property without consulting the other heirs? Can I, as the Power of Attorney have the property divided without their consent?Can I, as the Power of Attorney,legally transfer the power of attorney over to my brother, who is one of the five heirs, and who also lives in NC?
    • Re: Transfer Power of Attorney by Power of Attorney

      I am a Maryland attorney. A power of attorney becomes null and void upon the death of the grantor. In Maryland you must be appointed as a personal representative over the estate in order to pass title to real property. If you live in Maryland but have equitable interest in property in another state then you may benefit from legal representation. Contact an attorney.

      G. Joseph Holthaus III
      Law Offices of G. Joseph Holthaus
      2255 Daniels Road
      Ellicott City, MD 21043
    • Re: Transfer Power of Attorney by Power of Attorney

      Your Power of Attorney became invalid when your father died. You should consult a North Carolina attorney to get assistance in administering your father's estate.

      Andrew Atherton
      Booth Harrington & Johns LLP
      239 N. Edgeworth Street
      Greensboro, NC 27401
  • power attorney

    dear sir ir madam,copule days of ago i trade my car to dealership and i give power of attorney to dealer to complete my title works. evenctualy right now i want to take this power of attorney from the dealarship.i do nt want to take my title from the mva or do anything. may questions is how can i take this power back from them legally. or what i should do to protect my self. how i will cancel mt power attorney agrements with them.thanks \han
    • Re: power attorney

      A power of attorney can always be revoked by the person who executed it, unless you stated in it that it was irrevocable. You would have to sign a Revocation of Power of Attorney, using the proper legal language.

      Robert Sher
      Wagshal and Sher
      4824 Edgemoor Lane
      Bethesda, MD 20814
    • Re: Revoking a Power of Attorney

      Unless the power of attorney (POA) was not revocable by language set within it, any POA can be revoked. Several methods exist to revoke a POA. For example, the person to whom it was granted can simply return or destroy the original in your precence, or place an "X" over the document and initial and date the POA and then return it to you. These methods may be suitable for some circumstances. Be advised that a copy of a POA may remain effective. If any of the above methods are contemplated, you should contact an attorney beforehand as your situation may require further action.The BEST way to revoke a POA is to have a "Revocation of Power of Attorney" prepared and to properly have this document delivered to the individual(s) to whom the POA was granted. An attorney should be consulted so that the revocation is duly effected.Revoking a POA should not be taken lightly as the power given under a POA can bring substantial financial obligations or otherwise result in vesting rights in another for which you are responsible.Given the facts of your inquiry, it may already be too late to revoke the POA if the title to the vehicle was transferred while the POA was legally effective. It appears that the thrust of your matter is that the dealership may not have come through with aspects of their bargain. If this is the case, revoking the POA is just one aspect of a larger legal matter to be addressed.G. Joseph Holthaus III(410) 799-9002

      G. Joseph Holthaus III
      Law Offices of G. Joseph Holthaus
      2255 Daniels Road
      Ellicott City, MD 21043
  • Power of Attorney

    My mother would like to give Power of Attorney to me, but I would prefer that my sister, who lives with my mother, be given the Power of Attorney. Can two people be named as Agents on the Power of Attorney? Can she have two Power of Attorneys (one for financial matters, the other for medical)?
    • Re: Power of Attorney

      Yes, she can. Each POA would be for a specific pupose and therefore would be classified as a special power of attorney as opposed to a general POA.

      Michael E. Hendrickson
      Attorney & Counsellor at Law
      211 North Union Street Suite 100
      Alexandria, VA 22314
    • Re: Power of Attorney

      Yes, two people can be named as co-agents. However, that can create other problems, e.g. suppose they disagree or that one is unavailable.In fact the financial power of attorney and the medical power are different documents. There is no requirement that the attorneys in fact or agents be same. There are some potential problems if the agents are different, which can be dealt with, but need to be considered before the documents are finalized. Your mother ought to consult with an attorney and then have discussions with you and your sister.

      Robert B. Walker
      Law Office of Robert B. Walker
      1810 Michael Faraday Dr., Suite 100
      Reston, VA 20190