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Does a power of attorney override a will? law answers (479474)

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Q: 

does a power of attorney need a notary in Michigan?

A:  A power of attorney is a formal declaration granting one person legal authority to manage all affairs of another person. In Michigan, to be considered legal and valid, a power of attorney must be signed by a notary with at least one witness present.References:Michigan Courts: What You Need To Know Before Filing a Petition to Appoint a Guardian for an Incapacitated Adult...

Q: 

What is a power of attorney for a trust?

A:  A power of attorney for a trust is a legal document that gives a person the authority to act on behalf of another person for specific matters regarding his trust.MisconceptionsA power of attorney does not have to be a lawyer. A power of attorney can be any competent adult that a person trusts to act in good faith on her behalf....

Q: 

does a person with the power of attorney override a will?

A:  A will is not enforceable until the death of the testator (the person who executed the will). The authority granted pursuant to a power of attorney ends upon the death of the person who granted the power....

Q: 

Do you need a power of attorney for a revocable trust?

A:  On One Hand: Revocable TrustRevocable trusts are set up to transfer assets to a separate entity--called a trustee--and to benefit a beneficiary. You can set up the trust and manage it yourself and be the beneficiary. You can also designate another trustee to manage your assets. Health care cannot be managed with a revocable trust....

Q: 

My Grandfather passed away recently. God bless his soul. My Grandfather was a WW2 Army Aircore veteran. My Grandmother decided to give me my Grandfathers WW2 Army Aircore uniform. I let everyone in my family know what I want to happen to the uniform in the event of my death. However I have no will whatsoever. The only significant asset I do have is my car and its in both my name and my mom''s name and I know the car would go to my mom should I die. I want something in writing when it comes to my Grandfathers uniform should I die. I am sure something historical like a WW2 Army Aircore uniform is worth a lot of money and I want to make sure that the person who I want to give the uniform to gets the uniform in the event of my death. I also want to create a living will. I want to make as much of the end of life decisions for myself as I can. I do not want someone else to make end of life decisions for me even if they are a close family member. However I do understand that sometimes a power of attorney or a Health Care Surrogate will be needed. I want to know how do I write a will for my assets and how do I create a living will. I also want some advice on the different scenarios that could happen at the end of life

A:  I would be happy to help you with all of that but I can see from your zip code that you are in Aurora. Perhaps you should contact Rick law''s law firm. His web site is www.lawelderlaw.com. If for any reason my location works for you, I am in Skokie and my web site is www.legacylaws.com. Good luck....

Q: 

does a durable power of attorney withstand false allegations against the holder of a durable power of attorney made by a petitioner for guardianship, when there has been no adjudication of any crime committed by the holder of the durable power of attorney? does the power of attorney prevent a guardianship when the holder of a durable power of attorney, has not been adjudicated guilty of any crime?

A:  Depending on what the DPA states, the Petitioner may not have standing to ask for guardianship. Usually that is included in the DPA and states who is to have guardianship....

Q: 

If I''m a power of attorney, for a person, can I be responsible to pay their debts, if they can''t

A:  No, as long you do not exceed the authority granted to you. If you sign documents, make sure you indicate that you are signing as agent, for example: John Smith by Susan Smith, his attorney in fact....

Q: 

Can a power of attorney sign a birth certificate?

A:  Why would you want to sign a birth certificate?...

Q: 

What''s the difference between a lawyer,an attorney, and a paralegal?

A:  A lawyer has a law degree and has passed the bar if he practices law. You may appoint someone to be your attorney for a specific thing - selling real estate, health care decisions, etc. and that is called having power of attorney. they do not have to be a lawyer to do this. A lawyer representing you is your attorney. A paralegal is some one with legal training to be a lawyer''s assistant....

Q: 

If I am named as having power of attorney over my father''s affairs, is it legal for me to use his money to pay for my expenses incurred while caring for him?

A:  So glad you''re finding the website to be helpful. And sorry to learn you''re pinned in a difficult spot. What you are asking seems completely reasonable. And you are wise to keep the receipts and be organized about the money spent in carrying out your duties as your father''s appointed agent. But the law doesn''t always automatically support the reasonable approach. The law does not automatically entitle you to be paid. Normally, in family situations where the attorney-in-fact''s duties are simple, no payment is provided. However, if an attorney-in-fact has to run a business or manage complicated financial affairs, then payment may be...