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Does a power of attorney override a will? law answers (102869)

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Q: 

Can a power of attorney override a living will?

A:  i believe if i were you two i would see a lawyer and find out i think a poa over rides a lw Best bet is to have a lawyer look at all the facts: But in general if the great aunt needs access to cash to pay for her bills while she is alive, yes the person with power of attorney can sell assets to raise cash to pay for her bills, your interest in any assets in a will do not vest until she passes away if dear old aunt lives another 10 years and eats up all her assets to pay for her care it completely legit Now if the person with power sold the house to a third party way below FMV, fair market value, then you may have some recourse You have your terms confused. A living...

Q: 

does a power of attorney override a will?

A:  A power of attorney does not override a will. A power of attorney terminates on the death of the principal, and a will is utilized after the death of the principal.Source:American Bar Association...

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Can your Medical power of attorney override your Living Will directives? Example: Living Will states DNR and no feeding tubes but your Medical power of attorney wants to resuscitate

A:  By use of the term ''Medical power of attorney'' above, I assume you are referring to the agent (also called a ''surrogate'') who holds power under a medical power of attorney form. Thus, your question is whether an agent holding power under a medical power of attorney can override the express wishes of the principal as expressed in the principal''s living will (a/k/a advanced medical directive)? This exact issue is why the MedlawPlus.com® Living Will form and medical power of attorney form...

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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....

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My mother is in a nursing home; she has Alzheimer''s. She has two sons. My elder brother went behind my back and had my mother sign a paper which gives him ''power of attorney.'' My mother is not in a right state of mind and did not know what she was doing. Is there any court I can go to override this power of attorney? He is collecting my mother''s Army pensions and using it for his benefit. Thanks for your help with regards to this matter

A:  If your mother was not competent when she signed the power of attorney, it is not valid. One way of handling the problem is to get yourself appointed by the applicable court as your mother''s guardian. As part of the court proceeding for the appointment of a guardian, you could ask the court to void the power of attorney on the grounds of incompetence. -- Richard A. Whitney...

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What Is a Springing power of attorney?

A:  Springing power of attorney is a formal legal agreement that vests someone with power of attorney only in the case of a springing event. Springing powers of attorney are valid in the United States, England and most other countries that recognize a power of attorney designation. A springing power of attorney can be an important estate planning tool and an important way to ensure a person''s assets are protected in the event of injury or incapacitation. A power of attorney gives another individual...

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What Is a Limited power Of attorney?

A:  Limited power of attorney occurs when one individual gives a second individual a limited right to act on his behalf. The person establishing the power of attorney is called the principal. The person vested with the power of attorney is called the agent. A principal can establish a power of attorney for a number of different purposes. For example, a general power of attorney would give the agent the unlimited right to make decisions and act on behalf of the principal. A limited power of attorney,...

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What Is a Durable power of attorney?

A:  A durable power of attorney is a legal document or provision whereby one person may assign someone else to act in his place in matters of law or business. The person who authorizes the other to act on his behalf is known as the principal, while the other is called the agent. A durable power of attorney is so called because the agent can act on behalf of the principal, even if the principal becomes incapacitated, or otherwise unable to administer his own affairs. For a conferral of power of attorney to be considered durable, it must be explicitly stated that it is still valid, even if the principal becomes disabled or...

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What Is a Medical power of attorney?

A:  A medical power of attorney document gives a person the right to act as an agent for someone who is incapacitated and unable to make medical decisions. The power of the agent is limited to medical matters; agents cannot, for example, distribute belongings which are the property of the patient, nor can they make decisions about the patient''s real property. In some cases, someone may write up a durable power of attorney which includes the authorization to act as an agent in many different areas of decisionmaking, while in other case specific and separate agents may be designated for particular tasks, including making medical choices. There are a variety of reasons why...

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What Is a Springing Durable power of attorney?

A:  Springing durable power of attorney is when one person writes a document vesting another person with the legal power to act for him, but only upon the occurrence of a specified future event. Springing durable power of attorney is a special type of power of attorney. power of attorney, in general, is a grant of authority to someone else which can be limited or total. power of attorney is commonly used in estate planning or if someone expects to be unable to make decisions on his own behalf. There are a number of...