i have been given power of attorney for my niece now what

You cannot use your power of attorney to award yourself custody of your niece. The father and mother have superior rights as the biological parents. You may also have rights given the amount of time you have taken care of your niece, however, you would have to proceed through Court to secure these rights.

Full Answer

What happens if a power of attorney is not legal?

Sep 07, 2017 · You cannot use your power of attorney to award yourself custody of your niece. The father and mother have superior rights as the biological parents. You may also have rights given the amount of time you have taken care of your niece, however, you would have to proceed through Court to secure these rights.

Who can act on my behalf with a power of attorney?

Nov 03, 2019 · A Power of Attorney does not empower an Agent (your niece) to make a new will for the Principal (your mother and father). A Power of Attorney does not permit an Agent to make gifts to themselves or others, change beneficiaries, or take a fee for services unless the wording of the document specifically allows them to do this.

Can a power of attorney withdraw life support from a mother?

Nov 24, 2010 · All a power of attorney does is give the named agent the right to make certain business-type transactions for the person who signed it, the principal. It does not confer any rights as to children. What your sister should have done is execute a Texas Family Code Chapter 34 Agreement. I've given a link to the State's official form below.

Can a power of attorney make financial decisions for You?

Sep 14, 2017 · In regard to my question about power of attorney given to my sister-in-law's niece. My brother is well and very competent and is able to handle any financial or personal affairs that should arise. He should be the lst choice in having this P.O.A. instead of the niece.

What happens when someone takes power of attorney?

A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the local council. Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor.

What term is used for a person who has been given power of attorney to act for another person?

Power of attorney (POA) is a legal authorization that gives a designated person, termed the agent or attorney-in-fact, the power to act for another person, known as the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care.

How do I pay myself as power of attorney in Ontario?

Currently, the prescribed fee scale is as follows: 3% on capital and income receipts; 3% on capital and income disbursements; and three fifths (3/5ths) of 1% of the annual average value of the assets, as a care and management fee (although this last fee has been determined to be an extra fee, and is only included as ...

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Can a family member override a power of attorney?

If your loved one made an Advance Decision (Living Will) after you were appointed as their attorney, you can't override the decisions made in their Advance Decision.

How much does a power of attorney cost in Ontario?

$100 to $300 per documentThe legal fees of a power of attorney in Ontario are usually calculated based on the document you want to authorize to a lawyer. The price can range anywhere from $100 to $300 per document.

Can a power of attorney transfer money to themselves?

Attorneys can even make payments to themselves. However, as with all other payments they must be in the best interests of the donor. This can be difficult to determine and may cause a conflict of interests between the interests of an Attorney and the best interests of their donor.

Does a power of attorney in Ontario need to be notarized?

In Ontario, there are no requirements for your power of attorney to be notarized. If you've followed the guidelines for signing and witnessing, you have a legal power of attorney document!

The Power of Attorney Is a Powerful Role

With power of attorney, you can complete any financial or legal transaction that the principal wishes or that you decide is in the principal’s best interests if he/she is incapacitated. These can include transactions related to:

A Day in the Life of a Power of Attorney

See what a day in the life of a power of attorney might look like in Tim’s LinkedIn article, 24 Hours as Power of Attorney Holder.

What happens when a POA doesn't trust the agent?

When the siblings don’t trust the person named as POA, what Anderson often sees happen is constant questioning about their decisions. One or multiple siblings may always appear to be on the agent’s back, challenging each and every choice they make, she says. This can be utterly exhausting for the adult child who is simply trying to do the best for their parent (s). Such an arrangement can affect the POA’s decision-making abilities and also puts undue emotional stress on parents.

Why is a power of attorney important?

Power of attorney documents are a crucial part of planning for future health care needs and financial decisions, but it is important to understand how these legal documents can be drafted and the effects they can have on family relationships.

What is the responsibility of an agent?

An agent has a legal responsibility to act in the best interests of the person they are representing, even when it comes to making difficult medical and financial decisions. This includes things like following a Do Not Resuscitate (DNR) order and selling the family home to fund long-term care.

Can a child take control of a parent's medical decisions?

Adult children typically don’t want to take control of a parent’s medical or financial decisions unless they must. Serving as a loved one’s POA is not an easy or simple job. Still, feelings are easily hurt when one child is chosen over another for the job. Regardless of whether the parent makes this decision rationally and shares their reasoning, the implication is that non-POA children are considered a poor fit in some way.

What happens to a power of attorney when you die?

Power of attorney dies with you. Once you pass away, the document is no longer valid and your will then controls what happens to your assets. Fund your revocable trust. If you fund your revocable trust during your lifetime, you may not need to use your power of attorney although you should still have one just in case.

What is a power of attorney?

In a power of attorney, you name someone as your attorney-in-fact (or agent) to make financial decisions for you. The power gives your agent control over any assets held in your name alone. If a bank account is owned in your name alone, your attorney-in-fact will have access to it.

When is a durable power of attorney effective?

A durable power of attorney is effective when you sign it and survives your incapacity. A springing power of attorney springs into effect when you are incapacitated. A springing power of attorney seems more attractive to most people, but it is actually harder to use.

What to do if your named agent dies before you?

Name an alternate. If your named agent dies before you or is incapacitated, you want to have a back-up who can act. Also, consider nominating a guardian and conservator in your power of attorney in case one is needed down the road. Read the document. This seems obvious, but clients often do not read their documents.

Is a power of attorney important?

People tend to focus their energies on their wills and trusts, naming someone to serve as their power of attorney at the last minute. This is an important decision and not one that should be taken lightly.