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How do i declare my mother mentally incompetent and get power of attorney over her? law answers (480618)

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Need for Patent

A:  Thank You for the reply, though I am not sure if you underdtood my question. I do not want a patent, I want to release this information to the public. I do not want to file for a patent in 12 months after releasing the information, if my method qualifies for a patent or not. My question is how do I release my method to the public, and do it in such away that no other person my patent my idea, and thus be actually able to sue me to prevent me from using my own method, thanks Thank You for your reply. I will follow this guideline, also making note of your disclousure concerning validity. Should those little green men that are following you become a problem, please contact me as I have obtained a patent that will quickly rid you of the problem. However, the device only works if they are...

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Help! Upside down in debt!

A:  Er, why do neither of you live in your house? Don't you all at least want a mortgage interest deduction for this year? Is the house being rented out? "If I DO go to a mediator, with the house being the largest problem that can't be givin fairly to either party, how can it be split until it sells?" This is really an awkwardly worded question. I don't see the house being "split", but simply a determination that it needs to be sold if you all can't agree on what to do. "I want to file for divorce and get this over with, but it could take years for him to budge on this... if he ever does." It shouldn't take a divorce court anything close to years to drop the hammer on who gets what in terms of the debt, order the house to be sold, etc. if you...

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Limited power of attorney

A:  "Does the power of attorney give them the power to sign my name?" That's exactly what power of attorney does. "Can they take out a contract without my knowledge?" Yes, you gave them power of attorney. "Do I have grounds to terminate the management contract with them?" Depends entirely on the terms of the management contract. "If this is illegal how do I proceed?" You have to learn the difference between something that's illegal (violation of a statute or law) and something that is a civil wrong (tort). If the management company breached the terms...

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question about spouse''s right to remain on bank account

A:  This is not my area of expertise, so I cannot comment on whether there is a legal impediment to an account receiving ODSP direct deposits being held jointly. While I can imagine that the Ministry might impose such a requirement, the group home would not have any right to do so if it was not a Ministry requirement. As a separate issue, your wife should most definitely appoint an attorney for both (i) her property and (ii) her personal care. The attorneys can be different people and can be more than one person, with obligations to act jointly, separately or both. Hi Larry, Thanks for the reply. As far as I know, the Ministry has no rules regarding joint accounts, and I''m almost certain it''s strictly a policy the home has adopted and can...

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is a Homeowner's Association considered as a secure debt?

A:  They can''t go forward with any collection action unless they file for the Relief from Stay. That includes them placing a lien on your home, which is more likely than forclosing on you for such a small amount. HOA dues are NOT secured debt - unless they''ve already attached and recorded a lien against your house. If you have any way to pay what''s owed, object to their motion for relief but you''ll have to show the court WHY they shouldn''t grant the relief - that means clearing the owed HOA dues. wow..thanks for the response LadynRed! they have already filed the relief of stay couple of weeks ago.... is it to late for me to respond to it? and.. how do I go about filing a response? and.. what if its already been past the 15 days I was supposed to respond? thanks so much for your help! If...

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can someone legaly say they are power of attorney over someone who didn''t give consent?

A:  @scatman1983, I''m not a lwayer, scatman, but my layman''s understanding of the situation is that your grandfather has not been judged incompetent by any court. If that is so, then where he chooses to live is his choice and nobody has a so-called "power of attorney" over him. Why do some of his relatives say they "have to sign him out"? Is he locked in or something? Can''t he just pack up and go live with you if that''s what he wishes? Those who claim to have this "power of attorney" would have to go before a judge to obtain such power. Perhaps one of the lawyers on this forum will show...

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Sister Spending Parent''s Money

A:  In your profile, you state that "My father passed away on January 4, 2005." But in your question you say he is in a nursing home. Normally, if someone dies in January 2005, their remains do remain in the nursing home into the year 2007. Also you say father remarried a second wife in your profile, so why would he be in a nursing home with your mother? And a power of attorney terminates at death, so how could sister be spending dead-dad's money, if it all went to second wife who changed her will so you take notheing? In short, your profile story and your question can't both be true. So what is the truth? HatTrick (*~*) "She has been taking money out of my parents account and using it for...

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RA 9262

A:  How do I sue my ex-husband in Australia for child maintenance? ANSWER: You may not need to. In Australia the Child Support Agency covers Australian citizen children throughout the world so long as the non-custodial parent is resident in Australia. However, if the child is not an Australian citizen or you are not able to use the Child Support Agency for other reasons it will probably be best for you to sue in Australia. International Family law Chambers can initiate proceedings in the Family Court of Australia for clients living anywhere in the world http://www.internationalfamilylaw.com/fa......

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power of attorney, can the agent press charges if the wrong was committed prior to the execution of the power?

A:  I have to agree with the previous poster that without reading the power of attorney I can''t make properly informed statements about the powers granted. That said, its generally true that a power of attorney does not grant the agent the right to rescind completed transactions made prior to the power of attorney. If the daughter received money, paid it back and both parties were satisfied and stated that they were satisfied then the matter was closed. If the mother granted a power of attorney to establish a trust then it does not sound like the...

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Financial Planning versus Estate Planning, which is the higher priority?

A:  I know it is going to sound biased because I am a CFP, but I would go with the financial planner first. You didn''t state your age or health, but chances are you are not going to die in the next couple of years. With that in mind, you definitely seem like you have a gut feeling about needing a financial review. Truly your debts, allocations, etc., are probably more pressing. That planner will likely be able to give you a referral out to a good estate planner as well. Good luck! Ken Clark Certified Financial Planner I know this sounds rude–never sign a power of attorney…. you absolutely have no control as to what these persons will do to your investments (cash)—OOKK… I have 2 friends that signed a POA — one...