Standard Legal suggests that SEPARATE Power of Attorney documents be created for and signed by each person individually — even for long-time married couples. [ Read More… → ]

“Ask Standard Legal” cannot state if an existing Power of Attorney document is still valid after the death of one of the persons named “Attorney-in-Fact”. A full review of that document would be required to see if any provisions of the document address what happens should one of the named Attorneys-in-Fact dies.

The signature of the attorney-in-fact must simply designate that the attorney is acting in a capacity on behalf of the principal. [ Read More… → ]

“Ask Standard Legal” is not aware of any situation where a Power of Attorney can be used by the attorney-in-fact to sign a Bankruptcy petition on behalf of the grantor. [ Read More… → ]

A Power of Attorney document is created and signed by a grantor to allow one person to conduct business on behalf of another.

Typically, a Power of Attorney document must specify the type(s) of business that can be conducted on behalf of the person granting the Power of Attorney (or grant permission for ‘all types of personal business’).

So intent matters.  [ Read More… → ]

The granting of Power of Attorney is solely the choice of the individual; no one can ‘force’ another to provide Power of Attorney to another except through a court-ordered action, which is a complicated process. [ Read More… → ]

There is no legal requirement that an attorney-in-fact must take active steps to notify creditors regarding the personal or financial situations of the maker of the Power of Attorney document in advance. [ Read More… → ]

Such a determination is solely dependent upon the person granting the Power of Attorney and his or her physical and mental condition. [ Read More… → ]

Short answer: yes. Unless the action sought to be done via the power of attorney is one that is prohibited by law (i.e. due to federal banking regulations or U.S. Security rules), a foreign citizen can issue a power of attorney to an American citizen to perform or undertake various legal and business actions on the maker’s behalf. [ Read More… → ]

The maker of a Power of Attorney document is not giving up the right to do anything  on his or her own behalf after naming a Power of Attorney or executing the document. [ Read More… → ]

When an individual or an estate has one person who is named with Power of Attorney and a different person named as Executor for a Last Will and Testament, a circumstance can exist where questions arise as to who takes responsibility — and at what point — for financial matters of the Maker of each document.

But the law makes it clear when each person’s fiduciary responsibilities are in force. [ Read More… → ]

The authority granted under a standard Power of Attorney terminates upon the death of the person creating the Power of Attorney document.

Responsibilities assigned under the designation of Power of Attorney are discretionary for the person named as Attorney-in-Fact (the person who is to carry out the wishes of the designator).

As such, the named attorney-in-fact could always choose not to accept the responsibilities that are associated with the appointment, or simply choose not to act — and as such, the appointment would be without force or effect.

So what steps should be taken by the Attorney-in-Fact to remove himself from the Power of Attorney designation? [ Read More… → ]

A Power of Attorney document and a Last Will and Testament document are not “active” at the same time, so no overlap in function exists for one or the other to “take precedence”. [ Read More… → ]

Generally, a power of attorney that meets the execution requirements (i.e. a signature, proper witnesses and notarization) in a state, even if signed in a different state, should be valid and enforceable in that state. [ Read More… → ]

A person can grant multiple persons to have Power of Attorney over his affairs — and revoke those Power of Attorney designations at his discretion, provided the legal documents are properly set up and executed. [ Read More… → ]

If by ‘represent’ you mean in court or in a lawsuit, the answer is no.

A non-lawyer cannot represent a separate legal entity (in this case, a Trust) in any legal proceeding.

And an executed Power of Attorney document would have no bearing on this restriction. [ Read More… → ]

A Power of Attorney authorizes the person named as “Attorney-in-Fact” to act on or do certain things behalf of the principal (who is the person signing the POA), per the specific terms of the document.

The POA does not, however, permit the Attorney in Fact to make any and every decision on behalf of the principal. [ Read More… → ]

While a Durable Power of Attorney vests the person named attorney-in-fact with very broad powers and authority, revoking or modifying a Trust may be outside the scope of such document. [ Read More… → ]

No, you cannot represent another person in court simply by being granted Power of Attorney. Only attorneys who are licensed to practice law can represent the interests of another person in a court proceeding. The Power of Attorney will not vest you with the proper authority to represent another person in court.