Power of Attorney Legal Questions and Answers

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Can the Agent Sell the Home to the Executor Before the Principal's Death?

My sisters had a durable poa made in April giving them all decision making and added a statement the poa would continue after her death. In moms will she left the house and property to me.They resented this and stated they did not want me to have it. My mother passed away on May 6 and the executor has not acted on the will. This is August and when I confronted the executor abou...

08/28/2011   |   Category: Power of Attorney   |   State: Mississippi   |   #25413

Can an Agent Under a Power of Attorney be Personally Liable for the Principal's Car Accident?

My mother has been experiencing some dementia and has over medicated herself. My sister and I have a durable power-of-attorney on file to handle her affairs. However, since she has not been medically declared incapacitated to handle her affairs could we be held responsible if she were to drive and have an accident, or if she cause harm to herself by over medicating?

08/28/2011   |   Category: Power of Attorney   |   State: Texas   |   #25411

Can a Mentally Incompetent Person Change a Power of Attorney?

can a person deemed medically incompitent change his power of attorney

08/21/2011   |   Category: Power of Attorney   |   State: Idaho   |   #25380

What is the rule when a person cannot hold a pen to execute a power of attorney?

My dad is in the hospital with liver failure. He needs to appoint a power of attorney. I have downloaded the proper forms from US Legal Forms. He cannot hold a pen to sign the form but he is able to speak his wishes. We want someone to sign for him. What are the rules? who can do it? What does the person write? The form has a portion for two witnesses to sign but not an ...

08/12/2011   |   Category: Power of Attorney   |   State: New Mexico   |   #25320

How Do I Sell My Ex-Husband'a Property and Get Child Custody While He's in Jail?

My ex husband is in jail, he wants me to have Power of Attorney to be able to sell or rent his house, also advise the lien holder of his vehicle to pick it up, since he won't be able to pay. Can he gift the house to me? Also we share custody of our children (minors) and if I need to travel I need his written permission. What do I do in a situation like this? Can you please indi...

08/03/2011   |   Category: Power of Attorney   |   State: Texas   |   #25276

How Do I Resign as Agent Under a Power of Attorney?

I have been appointed statutory durable power of attorney by my mother. I have been acting as her agent for nearly a year now. She is under hospice care and requires 24 hour nurse care which is being paid for by her income and savings. The savings will run out soon forcing me to sell her home to pay for the care. As a result I am now between a rock and a hard place because ...

08/03/2011   |   Category: Power of Attorney   |   State: Texas   |   #25272

How can we tell if a general power of attorney has durable provisions in Texas?

My mother has a general power of attorney in Texas that states ' This general power of attorney shall not terminate on disability of the principal.' Is this general power of attorney thus operating as would a durable power of attorney?

07/25/2011   |   Category: Power of Attorney   |   State: Texas   |   #25233

How Do I Prevent a Relative From Abusing a Power of Attorney?

My sister in law has cancer and wont be around much longer, she has 2 kids from a previous marriage and is married to my brother who had a major brain injury 4 years ago and is disabled. We suspect she has signed over power of attorney for my brother to her son (brothers step son) We suspect she had him sign a document which allowed this but no one in our family was made aware....

07/14/2011   |   Category: Power of Attorney   |   State: Minnesota   |   #25178

What effect does a power of attorney have on other family members' ability to make decisions?

My MOM is 88 yrs old and while at a skilled nursing facility for rehab for a broken shoulder. She was deemed incompetent and I signed a document that allows me her daughter to make health decisions on her behalf. We live in the state of Florida. How does this effect her other children if they are all talk and no action, meaning they want a say but are not willing to put in the ...

06/17/2011   |   Category: Power of Attorney   |   State: Florida   |   #25048

What State's Form Should be Used for a Power of Attorney?

My mother lives in New Mexico and own real estate in Texas. She is 84 years old and wants me to take over selling her house in Texas and I live in Dallas, TX. Will a durable Power of Attorney be the form I need? She wants me to have business and medical Power of Attorney to conduct her affairs. Since she is a resident of New Mexico will a form from the state of New Mexico hand...

06/15/2011   |   Category: Power of Attorney   |   State: New Mexico   |   #25030
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