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Does a notarized durable power of attorney have to be filed in court? law answers (497616)

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Q: 

What is required of a durable power of attorney that involves real estate transactions?

A:  Whenever a principal designates another his agent by a power of attorney in writing and the writing contains the words:This power of attorney shall not be affected by disability of the principal. This power of attorney shall become effective upon the disability of the principal, or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding his disability, the authority of the attorney-in-fact or agent is exercisable by him as provided in the power on behalf of the principal notwithstanding:(a) later disability or incapacity of the...

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When is a durable power of attorney needed?

A:  In most jurisdictions, with durable power of attorney, your spouse can still sign checks and make withdrawals on joint bank accounts, but your spouse cannot sell jointly owned stocks or a jointly owned home without both of your signatures. Your spouse also cannot change or name a beneficiary on your life insurance or your retirement benefits. Although you both own everything jointly, the both of you should consider having durable power of attorney....

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New durable power of attorney Statute in Massachusetts

A:  A power of attorney is a legal instrument that individuals create and sign that gives someone else the authority to make certain decisions and act for the signer. The person who has these powers is called an ''agent'' or ''attorney-in-fact.'' The signer is the ''principal.'' As a principal, if the principal''s decisions conflict with those of the agent, the principal''s decision will govern, assuming that the agent confers with the principal prior to taking an action. If an agent has acted on the principal''s behalf and acted within the scope of authority granted by the power of attorney, then the principal may be obligated by the terms and...

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Do I have to be present in a legal guardianship case?

A:  I am really not sure at all...but I just wanted to wish you luck If you are still with the person then you need to get out and stay away from him ASAP. if your have no guardianship of your children and CPS has rights then they can do what they want. You need to be at any court hearing there is for them children regardless if you were told to be there or not you should and need to be there these are your children and you need to show them that you want a say in this. If you are still with this person that is beating on you then until you get him out of the picture you WILL NOT GET YOUR CHILDREN BACK. I have to say if your still with this person then your children are better off where they are or will be. Get your life together and make the right decisions for...

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What type of power Of attorney needs to be used in Virginia for real estate transactions?

A:  Yes, an applicable power of attorney is typically filed as part of your real estate transaction in the county clerk''s office....

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Is it legal for only the principal to sign a contract? does the durable power of attorney have to sign also? Also, who says when a person is incapacitated and cannot sign for themselves?

A:  Off the top of my head, the only state I can think of with a specific law requiring the attorney-in-fact (or agent) to sign the POA document is California. To my knowledge, South Carolina law does not require the agent to sign. does ''only the principal'' sign a durable power of attorney in South Carolina? No, two witnesses must also sign the durable POA in South Carolina as required for wills. Please see S.C. Probate Code Section 62-5-501(c) reproduced on this page. Please also note the requirement that the POA be recorded with the county recorder of deeds in S.C. to...

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does power of attorney have to be a wife or husband?

A:  No. It can be your lawyer, your best friend... someone you trust with that sort of power. <P> <P>You can give a power of attorney to anyone over eighteen. It does not have to be a spouse. You can give a general power of attorney or a special power of attorney. A general power allows them to act on all of your financial matters while a special power limits them usually to one specific transaction. A POA should be filed at the county courthouse where the...

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Can wife sign for spouse or does son who is power of attorney have to sign?

A:  The person with the power of attorney has to sign for the individual....

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does a power of attorney have to be signed and notarized

A:  Yes, it does. I know because I was given power of attorney over someone about 6 months ago....

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does a general power of attorney need to be filed with the courts?

A:  Yes. You should be sure to have a general power of attorney and/or medical power of attorney....