Standard Legal is unaware of any state restrictions on the residency of the person named as the “attorney in fact” on a Power of Attorney document.

However, the ability of a foreign-based ‘attorney in fact’ to carry out the wishes of the Grantor could be an issue for any transaction involving the attorney-in-fact and any USA bank, financial institution, local/state/federal government, courts, etc. [ Read More… → ]

A Last Will & Testament becomes effective only upon the death of the person making that Will.  A person who has made a Will has the right to change it anytime prior to his or her death, assuming that the person has sufficient mental capacity to make a new Will.

As such, a Will cannot be “opened” or administered prior to a person’s death in order to determine whether that person’s wishes are being respected. [ Read More… → ]

If the Power of Attorney document is written so as to require the “attorney-in-fact” to disgorge or turn over any and all documents or financial accounting records he or she may have after the dissolution of a POA, then an obligation to act typically will exist.

But if that language is missing from the document, then the answer is not as black and white. [ Read More… → ]

A Power of Attorney (POA) document would most likely not provide any help in a temporary child care situation for grandparents; children cannot grant another person any rights through a POA since they are minors, and POAs cannot be created that assign rights for a third party (i.e., a mother cannot create a POA that assigns rights on behalf of her children). [ Read More… → ]

The laws of each state may effect who is appointed with Power of Attorney.

Generally, spouses make decisions for an incapacitated adult.

If one is not married, state law may permit the children of that person to make medical decisions, assuming that all of the children agree on the care to be provided. [ Read More… → ]

While a misspelled middle name would not automatically invalidate the document, Standard Legal strongly suggests that the document be corrected so that no issues might arise in the future.  [ Read More… → ]

If you believe that your sibling has engaged in criminal conduct (i.e. took cash for personal expenditures, opened credit accounts in the parent’s name for personal use, cashed life insurance policies, etc.), you should contact your local police department concerning the issue.

If you wish to recover such funds, or attempt to revoke the Power of Attorney, or to work to adjust any long-term family estate issues, we strongly suggest you find a qualified local attorney to help you with your situation; you can find one for FREE at Standard Legal’s Attorney Finder page.

Standard Legal recommends that any Power of Attorney be notarized and witnessed.

Many states require notarization of this document, and doing so (even in those states that may not require a notary signature) makes the document “self proving” - meaning that the witnesses would not be required to provide testimony in court to authentic the document.

Get complete details on Standard Legal’s Power of Attorney legal forms software here.

When someone designates another with Power of Attorney, the designate agrees to manage that person’s affairs on his or her behalf.

So long as all business is transacted in that person’s name in a legal manner — the ‘legal manner’ being an important element — the designate cannot be made liable for the debts of that person or his/her estate.

Only the person (or the estate of the person) who created the debts will be responsible for debts incurred; the designate will not be personally responsible for those debts.

See all of the legal documents needed to grant and rescind Power of Attorney.

If you have been named as “Attorney in Fact” by the Grantor of a Power of Attorney, you should sign YOUR OWN NAME, followed by the words “Power of Attorney.” [ Read More… → ]

The choice of when to prepare a Power of Attorney document is completely personal. The decision should be based upon your comfort with the executor having powers over your assets, and your own capacity to make clear decisions. [ Read More… → ]