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Can an individual designate more than one person to be their power of attorney? law answers (196676)

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Serving of Papers

A:  "Can legal separation or divorce papers be served on a person holding a durable power of attorney for someone else?" Probably not, but that's a state-specific issue. " I.E., my BIL holds durable POA for my FIL whose estranged wife has now decided to file for legal separation (or potentially divorce). "A paralegal in Washington state told my BIL the papers could be served on him instead of my FIL but I'm having difficulty believing that?" Then ask the paralegal to produce the relevant statutes. Your FIL should be consulting a local divorce attorney....

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If a person is deemed medically incompetent, but there has..

A:  Whether the person can still make a valid power of attorney depends on a number of facts. The standard for the necessary mental capacity is the same as that required to make a legal contract. Basically, a person must be able to understand the nature of the transaction and its effect upon his or her rights and interests. So when making a power of attorney, a person must be able to comprehend that another individual is being authorized as an agent to take over managing and controlling financial or medical matters. Generally, the issue of mental competence comes up only when someone questions...

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A one-sided situation between MI and CO, or is it just me?

A:  It's up to your mother to change her Living Will and POA's if she so desires. Have you asked your mother why she set it up this way? Mom is free to change her instructions at any time--so long a she has her marbles. Not clear if this is an ego issue--OR you suspect sib of being to anxious to grab assets via control. Money does strange things --so do not assume too much! 1.Mom can chage it at any time! 2. Mom is allowed to make lopsided unwise calls. 3. If BIL gets into Sis head then watch out! ''On her living will, my mother has made my sibling her executor and sibling's spouse of 5 years marriage, co-executor.'' A living will does not have executors. A ''living will'' is really not a will at all, but rather an advance healthcare directive, specifying what kind...

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How do you revoke someone as your Durable power of attorney?

A:  As long as you are competent you revoke any person that you have appointed as Durable power of attorney. The revocation of the Durable power of attorney should be in writing, and it should be delivered to the person you appointed as Durable power of attorney and also to all third parties with whom the Durable power of attorney is dealing with (bank, insurance companies, etc.). A third party is entitled to rely on a Durable power of attorney which has been terminated or revoked until the third...

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What are the filing requirements for advanced health care directive documents?

A:  There are no formal filing requirements for advanced health care directive documents, but there are some important considerations to follow. Give the original of the durable power of attorney for health care to the person you have named to be your patient advocate, or decision maker. Your doctor should have a copy of the document, and you should keep a copy for yourself. For a living will, keep the original for yourself and give copies to your close family members. Your doctor should also have a copy of this. Ask your doctor to make these documents a part of your medical record. If you should enter a hospital or nursing home, try to make sure that the facility also has a copy of the document or documents....

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How is "unwilling" defined in a power of attorney document?

A:  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. The law allows the appointed person to decline the job of acting on the elder''s behalf. Unwilling usually means ''I don''t want the job''. After all, one can''t be forced into being an agent on a power of attorney. It''s a large responsibility. However, being ''stubborn'' is not the same thing the

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Can I transfer my POA to someone else?

A:  No, the person assigned the power of attorney (who is called ''the attorney in fact'') cannot legally assign the POA to another person. If the person who authorized the POA (called ''the principal'') named an alternate attorney in fact in the original POA document, the current attorney in fact can resign, and the alternate can take over. But if the principal didn''t name an alternate, and the principal is now incapable of doing so, the current attorney in fact must act under the POA, or no one can. So if the current attorney in fact resigns,...

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Can you Contest a power of attorney Appointment?

A:  It would be rare for someone to do this or have grounds to do it since the POA is between the person making the POA and the person appointed....

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Am I allowed to file a pro se Petition for Accounting

A:  harperlee: Laymans guess: Odds are you can file your petitions pro se (unless there is some state law about out of state residents doing so must have local representation ) but the major problem is can you get it right? And you seem confused already. The POA is not supposed to take money to line own pockets and the POA evaporates at instant of Moms passing and to access Moms accounts via POA after that  is also a form of abuse. In theory the executor of Mom's estate can compel an accounting from the POA. I'm not sure if trustee of Moms trust has similar powers to compel an accounting from the POA but it seems reasonable that such exists or could be ordered. Trust accounting /trustee and estate accounting/executor are two...

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Standard Compensation for Conservator? (Minnesota)

A:  Minnesota statutes allow for a conservator fee but don't specify amounts. The statutes leave it up to the courts to award a reasonable fee based on a variety of factors: https://www.revisor.le... However, since a POA is NOT a conservator, I suggest you not muddy the waters by referring to conservator fees. personally, I wouldn't even discuss this with the POA unless he brings it up. If he's been doing this as a friend, he might be insulted. Or he might have his eyes opened to the possibility of holding the family up for a lot of money. There's an old saying: Love goes out the door when money comes in the windoe. If the family wants to show its appreciation, buy him a nice flat panel TV if he doesn't already have one and spring it on him as a...