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What do you call a person who holds a power of attorney? law answers (240834)

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Q: 

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 or challenges an...

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how to add my mom name on the deed

A:  Well, a quit-claim deed is what you''d want. Just be sure to take into account that if your mortgage has a "due on sale" clause (which almost all mortgages have now) they could call the note due. That''s not to say they WILL - for a "performing" mortgage (meaning your payments are current) it''s usually not even a blip on their radar. But any change in deed gives them the legal RIGHT to call the note due immediately. Hello Rockinmommy, I have been reading about the info of the deed, isn''t the quitclaim just a basic or....not full warranty, sorry cause i keep reading make me confusing. And about the note due, what''s that? Sorry cause my first time and don''t really understand. How about i mansion about the power of

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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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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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Do I have to be a resident of Kansas to have powers of attorney for my Kansan Mother?

A:  You can become power of attorney any time it doesn't water where you live as to letting you do it youll have to make alot of descions for her sometimes they like a person to live closer in case they need them for something but yes you can get power of attorney even living kansas...

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Trustees/Executors wash their hands, now what ?

A:  Easiest thing would be for father to ask them to return the original power of attorney so he can tear it up, but if they won''t or don''t return it, then a revocation of the power of attorney would be needed. It goes without saying that the trust and the will would need to be revised to significantly reduce the amount that was going to be left to the disinterested brother and his wife (leaving them a very small amount) but do mention in the will the specific reason that they are being left a small amount so they will have no grounds to contest the will. It might also be wise to suggest to your father that he name only one person as an executor and one

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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 my husband be added to Mom''s POA?

A:  You are to be applauded for going the extra miles to make sure your mother’s powers of attorney are as complete and effective and up to date as possible. However, whether your husband can be added as a back-up or successor agent depends on your mother’s specific mental condition, since she must finalize the document. There''s a legal requirement that the person making a power of attorney must be ''of sound mind.'' This mental competency requirement isn''t too onerous to meet, but it can be elusive for some people suffering from dementia. To satisfy the standard, your mother must be able to understand what a power of

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Medicaid, power of attorney, Financial and Legal Liability

A:  Generally, you would not be personally liable for nursing home care unless you knowingly and voluntarily agree to be liable, even if you are POA. You may become liable for mis-use of the assets of the person for whom you are POA. Also, liability under a POA normally can not transfer to a third party. As for the house, depending on state law, it may be an unavailable asset for purposes of medical assistance, and i doubt a lein would be placed against it because of the difficulty of doing so. However, the issue may come up when an estate is opened - the state could file a claim against it for the cost of assistance provided. Look, the person is supposed to make an honest disclosure of his...