Power of Attorney Questions
376 Question and Answer Results
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If something happened to my step-mother, could my step-brother sell dad's house as his power of attorney?
A person authorized to act on another’s behalf under a power of attorney only has the power to act in that person’s best interests—not to empty a bank account and sell a house if that move doesn’t make sense for the homeowner. That bit of knowledge alone may help assure you that the stepmother’s soner’s son is not free to loot and pillage at will... -
How can I direct my mother's medical care if others are named in her power of attorney?
You are probably feeling a bit slighted because you weren't the one named to supervise your mother's medical care. And that would be natural.But you don't mention whether you think your aunt and uncle are making bad decisions on your mother's behalf. If you feel strongly that they are, there are a number of steps you can take... -
What are my mother's options with regard to paying off her debt?
The good news is that you are in a position to help your mother. Because you are a trustee, are named on her accounts, and have a power of attorney, you should have the authority to discuss these matters directly with the credit card companies, help your mother develop a plan, and help her follow it... -
What are the advantages or disadvantages of adding my name to my father's home?
First doublecheck the trust document. The prime reason most people set up living trusts is to pass valuable assets free from probate—and their houses are usually included as one of the most valuable assets they possess. -
Can my sibling sue me for visitation rights for our mother?
Truth is, in our sadly litigious world, anyone can pretty much sue anyone else for pretty much any reason. But whether or not a lawsuit succeeds depends on the specific facts involved, the specific laws that control—and sometimes, something as arbitrary as the mood of the judge hearing the ca... -
Can I transfer property to my own name with a power of attorney?
Transferring your mom’s property into your own name could be risky business—unless the document specifically provides that you can do it. Otherwise, as the agent under your mom’s power of attorney, your job is manage the property for her benefit, not transfer it to yourself. -
I want to care for my mother in law, but her other children say no. What can I do?
It’s hard to say just why the other family members are turning deaf ears to your generous offer of help. Guilt? Resentment? Fear that you’re already overtaxed with caregiving duties? -
How do I access my mother's medical records?
As you noted, the Health Insurance Portability or Accountability Act or HIPAA, which protects patient’s medical records, sometimes also has the unintended effect of denying family members information they might find useful in making decisions about their own medical care. -
How do I sign documents if I have power of attorney?
Your question points up one of those interesting legal conundrums: You go through the hoops to take care of business, then no one quite explains the fine points about how to put your power into place. -
Do I have to have guardianship to file bankruptcy?
It is possible. -
Does a power of attorney ever expire?
The document is still valid in 2010, assuming that your mother remains mentally competent. However, if your mother has become mentally incompetent, whether the document remains valid depends on what type of power of attorney it is. A "durable" power of attorney expressly states that it remains valid... -
What are my rights when contesting the amount of a bill?
If your father suffered from significant cognitive impairment at the time that he agreed to the bill, he would not be considered by the law to be of sufficiently sound mind to make a contract and his assent to the charges would not be valid... -
How is "unwilling" defined in a power of attorney document?
The answer to your question about the apparently unwilling power of attorney may not be as simple as knowing the definition of "unwilling". It is a commonly found legal term in documents in which an elder appoints another person, often an adult child, to do something: handle money or make healthcare decisions... -
Where can I find an "accounting of all finances" form?
You have asked how to find an "accounting of all finances" form. I am not familiar with the exact terminology you use, but it sounds as if you are concerned that your brother is misusing funds and you want him to be accountable. If the only document he is using to control the money is a Power of Attorney... -
How do you make a personal care agreement for someone with dementia?
A personal care agreement is a contract and therefore, anyone signing it has to be legally competent to do so. If the parent with whom you're trying to make a personal care agreement about has dementia, it may not be possible to get the parent to sign anything... -
Does the oldest child automatically become power of attorney if the parent can't name one?
No. -
How can I find out who is on the emergency contact list if the power of attorney isn't giving any information?
Federal law requires that a nursing facility must notify the resident’s legal representative or interested family member when there is “a significant change in the resident’s physical, mental, or psycho-social status.” Death has been held to be one of those significant... -
Can I be kept current on Mom's condition without a power of attorney?
A person who becomes an agent for another in a durable power of attorney has only the right to make decisions that are in the person’s best interests. Without some clear proof that contact with family members seriously jeopardizes the person’s health or well-being, most courts, facilities, and humanuman... -
Can a power of attorney sell the house that is being left to me?
Whether your uncle is legally entitled to make the decisions he seems to be making depends on the exact types of power of attorney naming him as agent—and on whether they have taken effect. -
Is there any way I can override my parents' power of attorney?
This sounds like a tough and delicate situation. The first thing to understand, though, is that if there is a valid power of attorney and the person with that authority is acting legally, you do not have the legal right to override those decisions simply because you are the adult child.
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