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Giving someone power of attorney generally allows them to act for the person awarding the power. They can sell that person's property, enter into contracts, and make health care decisions if the person is absent or disabled.
Added: The above is true ONLY if the holder of the POA was granted a "general" POA by the grantor. There are also many examples of limited POA's which restrict the holder to exercis their powers ONLY in certain seopcified circumstances (e.g.: a real estate POA for purchasing/selling a home, for instance - a medical POA - etc).
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Who is more powerful the person with will power or the person with power of attorney?
It depends on whether the person is living or dead. A power of attorney represents a living person. After their death, the power of attorney is no longer valid. Then the Executor takes over.
When a person has power of attorney are they supposed to follow all wishes of the deceased?
A power of attorney represents a living person. After their death, the power of attorney has no power to do anything, the executor takes over.
Can my brothers girlfriend file for power of attorney?
You do not file for power of attorney. This is a power that one person grants over themselves to another person. If the girlfriend would like to give you power of attorney over her, she need only obtain the proper documents and execute them.
Why need a will and not a power of attorney?
A power of attorney is granted for a living person. It expires on their death and the executor takes over.
Is a power of attorney still valid after the principal dies?
A power of attorney terminates when the principal dies.
Does a will over power a powerof attorney?
The fact that there is a will doesn't matter. The power of attorney is valid until the death of the person it is associated with, or it is revoked, whichever comes first. The guardian is responsible for taking care of the individual. If the person handing the money (power of attorney) can't agree, they will have to go to the probate court for resolution.
Does an administrator have more say than the power of attorney?
The administrator is appoint after death. The power of attorney represents a living person. The power of attorney ends with the death of the grantor and the administrator takes over.
What happens when a power of attorney dies and the principal is incapacitated in the state of Virginia?
If the Attorney In Fact dies, then the Power of Attorney is null. In most states this means that if the individual is incapacitated the next of kin can have that person adjudicated incompetant in Probate/Family court and can take over the affairs. NB: a Power of Attorney is a document. An Attorney In Fact is the person to whom a power of attorney is granted.
Siblings are fighting over power of attorney.. who is first in line for the power of attorney?
A person can choose whoever they want as their attorney-in-fact. There is no legal order they must follow. It is the free choice of the principal as to who they name as attorney-in-fact under their Power of Attorney document.
Are you responsible for person finances after death with a general power of attorney?
A power of attorney represents a living person. After their death, the power of attorney is no longer valid.
If a person that reserves a life estate in property but does not occupy the property becomes incapacitated and has a power of attorney does the appointed person have control over the property?
The power of attorney will have control of the property as long as the individual remains living. The life estate and the power of attorney expire on the death of the grantor.
Can your sister-in-law take power of attorney over your husband and he not know what she did?
Of course not! A power of attorney must be granted by the person, it cannot be taken without a court order.
