CATEGORY: Power of Attorney Questions

Answers to Frequently Asked Power of Attorney Questions

If My Sister Has Power of Attorney for My Unresponsive Father and She Won’t Deal with His Affairs, Can My Sister Sign Over Responsibility to Me?

If the maker of a Power of Attorney document (be it for health care or general management of business affairs) cannot consent to a change in the named Attorney-in-Fact, no other person has the authority or right to ‘transfer’ that responsibility to another, even another family member. Continue reading If My Sister Has Power of Attorney for My Unresponsive Father and She Won’t Deal with His Affairs, Can My Sister Sign Over Responsibility to Me?

Can an LLC Assign Power of Attorney to a Non-Director or Non-Member to Handle Its Business Affairs?

A Limited Liability Company does have the legal authority to appoint an individual as “Attorney in Fact” using a Power of Attorney document.

But there are two organizational specifics that must be reviewed prior to making such a determination for the LLC. Continue reading Can an LLC Assign Power of Attorney to a Non-Director or Non-Member to Handle Its Business Affairs?

If a Second Power of Attorney Document is Created Naming a New Attorney-in-Fact, Does That Document Revoke the First One?

A Power of Attorney document is valid until it is revoked.

When two such documents are executed, the issue becomes whether or not the second document was intended to revoke and take precedence over the first one. Continue reading If a Second Power of Attorney Document is Created Naming a New Attorney-in-Fact, Does That Document Revoke the First One?

What is the Difference Between a Healthcare Power of Attorney and a Durable Power of Attorney?

These two documents are used for decidedly different purposes all together. A Power of Attorney for Healthcare (often called an ‘Advanced Healthcare Directive’ or a ‘Living Will’) covers a separate series of issues versus a Durable Power of Attorney. Continue reading What is the Difference Between a Healthcare Power of Attorney and a Durable Power of Attorney?

If I Have Power of Attorney for My Parent, Can I Transfer the Family Home to Myself and My Siblings?

Most “general” Power of Attorney documents have a specific provision about transferring property contained within them, granting the attorney-in-fact the ability to undertake such a property transfer process.

But if the language about being able to transfer property is not stated specifically in the document (and different POAs are drafted differently), then the attorney-in-fact most likely lacks the authority to transfer property. Continue reading If I Have Power of Attorney for My Parent, Can I Transfer the Family Home to Myself and My Siblings?

Must I Notify the Grantor of Power of Attorney When I Conduct Business or Make Inquiries on His Behalf?

Courts in most states hold the Attorney-in-Fact (the person granted the powers under the document) in a fiduciary capacity — in other words, the attorney-in-fact owes the person who gave the power of attorney (the grantor) a fiduciary duty. Continue reading Must I Notify the Grantor of Power of Attorney When I Conduct Business or Make Inquiries on His Behalf?