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Legal Documents Questions

673 Question and Answer Results

  1. My father in law can no longer handle his finances, how can we convince him to allow us to help?

    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...
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  2. POA will not release funds for mom and she'd like to move back home. What can we do?

    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.
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  3. Can a signed bank POA close accounts after principal dies?

    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.
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  4. They forget to write checks and REFUSE help. What to do?

    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 conv...
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  5. How do we transfer car title from my nephew"s deceased mother name to his name?

    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.
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  6. 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.
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  7. Does sibling with POA have a responsibility to share information?

    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 mot...
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  8. 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.
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  9. My siblings changed my father's documents without notice. Where do we go from here?

    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?"
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  10. 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 c...
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  11. What constitutes incompetency?

    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.
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  12. 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.
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  13. Does a quit claim deed cancel a will?

    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.
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  14. What exactly does a hospital power of attorney do?

    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.
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  15. After mother's death, am I still responsible for nursing home bills?

    Being named the agent in your mother's POA does not make you legally responsible for her debts.
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  16. Must I be an administrator of my brother's estate?

    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, ...
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  17. How can I get power of attorney over my coma induced wife?

    You cannot obtain a power of attorney over someone who is not mentally competent to complete one.
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  18. Married, now divorced. does my durable power of attorney expire?

    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.]
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  19. What steps do I take to remove a distant relative as POA?

    Sorry you are going through such a complicated situation.
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  20. If someone had POA over my dad since he passed is POA still in effect?

    My condolences on your father's death and in this complicated time.
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