Legal Documents Questions
678 Question and Answer Results
- You face a difficult problem. If your father-in-law insists on continuing to make his own financial decisions, despite yours and others' advice that he is being conned, your only possible remedy is to file a lawsuit against him. Specifically, a lawsuit to establish that he is mentally incompetent to...
- You state that POAS will not release funds for your mother so she can move back home. You further state that you mother is totally of sound mind.
- All Durable Powers of Attorney for finances become invalid once the principal dies. After the death of a the principal, there cannot be a legally-valid DPA giving someone new power over the principal's finances.
- Sadly, this is not an uncommon problem: an elder parent or grandparent who is unwilling to consider getting help with financial (or health care) matters, although younger family members believe that the parent/grandparent sorely needs help. And sadly, it is usually a problem that doesn't have a convenient solution...
- How to transfer title to a car in North Carolina is a matter that must be handled under North Carolina law. I am not familiar with North Carolina law, so I cannot give you and answer to your question.
Mom wants to move to a home care facility in her home town, but her POA will not release her funds. What can we do?I will give you the same answer I just gave to another Caring,com person troubled by a possible abuse of a POA.
- Sadly, I have received numerous questions like yours from Caring.com folks over the past few years. I am not at all an expert on elder law abuse, and I am not experienced in what can be done when possible POA abuse is suspected. You specifically want to know if your sister, who has POA from your mother...
Sister wants POA for my mother who is competent and I object. Does she need permission to become her POA?Does you sister need permission from your mother to obtain a POA for her? Definitely yes. A POA is a voluntarily-given document, made while the person making it, called the principal, is mentally competent. No one is ever legally required or obligated to prepare a POA.
- You state that some of your siblings changed your father's will and other documents, without notifying you. You father has died, and you want to know "who do we contact to get this resolved?"
My brother has POA for my mother and lives with her in her home. Can he keep me from staying with mom in her home too?Your brother has a POA from your mother and asserts that under that authority he can prevent you from staying in your mother's home. If you mother is now competent, she can simply revoke the POA, or declare that your brother does not have that authority under it. However, if your mother is not now competent, the legal situation becomes, in my opinion, murky...
- You want to know what "incompetency" is? As far as I know, there is no single, clear-cut, legal definition. "Incompetency" is generally considered to be a question of fact.
Mother had surgery today without my knowledge and I am the agent in her medical POA. Should I have been notified?The situation you describe must be especially frustrating because you assumed that everything possible was done to assure you would be consulted when your mother needed medical care.
- You state that your mother made a will in 2008 and in 2011 signed over a quit-claim deed on her home. I gather than in her will she left the home to one person, but named someone else in the quit-claim deed.
- You want to know what you have authority to do under a power of attorney your sister gave you when she was in the hospital. Specifically, you want to know if that power of give you authority to handle your sister's finances.
- Being named the agent in your mother's POA does not make you legally responsible for her debts.
- In New Jersey, if a person has no surviving spouse, civil union or domestic partner and the property he or she owns does not exceed $10,000 in value, a close relative can be issued a legal affidavit to handle the disposition of the estate. It is a simple matter, handled through the surrogate court, that...
- You cannot obtain a power of attorney over someone who is not mentally competent to complete one.
- You want to know if a durable power of attorney made out by one spouse to another expires when the couple gets divorced. [I'm not sure from your question if you gave your ex a DPA, or if he gave you one. For purposes of my answer, it doesn't matter.]
- Sorry you are going through such a complicated situation.
- My condolences on your father's death and in this complicated time.
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