who did i have to sign a power of attorney paper in my moms will

However, if the document does not specifically provide you with this power, then you may need to have a new power of attorney drafted and signed by your mother (if she is competent). If your mother is mentally incapacitated, then you may need to initiate a guardianship proceeding on her behalf. Report Abuse

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How do I get my mother to sign a power of attorney?

Nov 28, 2018 · If an accountant prepared the return, usually the accountant signs it too. If you need to handle tax matters for your mother in general, though, the IRS usually wants their own power of attorney form (https://www.irs.gov/pub/irs-pdf/f2848.pdf), not a general durable power of attorney. This answer is given for general information purposes and should not be taken as …

What are the benefits of being my mother's power of attorney?

Being your mother's power of attorney allows you to legally act for her in various financial matters, like bank account and real estate transactions. You must have a signed power of attorney document from your mother or a court order to act as such. The extent of your authority is specified in the power of attorney itself, and your mother has the right to revoke the power …

Can a power of attorney sign documents on behalf of someone?

Nov 02, 2010 · The power of attorney document itself should spell out specifically things you can and cannot do for your parents, and if you are able to sell their house, it should specify that right. If a power is not named, do not assume you have it. Even if a power of attorney document gives you the right to sell your parents' home, beware of one thing.

Do I need a power of attorney for my parents house?

Feb 18, 2009 · October 21, 2018 February 18, 2009 by Standard Legal. If you have been named as “Attorney in Fact” by a Grantor through a Power of Attorney document, there is only one method that any document should ever be signed under this authority. When signing on behalf of a Grantor as Attorney-in-Fact, you should always sign YOUR OWN NAME, followed by the words …

Who can sign a power of attorney?

An attorney's signature must also be witnessed by someone aged 18 or older but can't be the donor. Attorney's can witness each other's signature, and your certificate provider can be a witness for the donor and attorneys. Signatures can't be witnessed online and must be done in person.Aug 26, 2021

Does power of attorney override a will?

A will protects your beneficiaries' interests after you've died, but a Lasting Power of Attorney protects your own interests while you're still alive – up to the point where you die. The moment you die, the power of attorney ceases and your will becomes relevant instead. There's no overlap.Mar 26, 2015

Does next of kin override power of attorney?

No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities.

How do I give my mom power of attorney?

How to Become My Mother's Power of AttorneyGet a fill-in power of attorney form from a legal print store. ... Talk to your mother. ... Fill out the power of attorney in full. ... Ask your mother to sign and date the form in front of a qualified notary.More items...

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.

Who makes decisions if no power of attorney?

If you have not given someone authority to make decisions under a power of attorney, then decisions about your health, care and living arrangements will be made by your care professional, the doctor or social worker who is in charge of your treatment or care.Mar 30, 2020

Is eldest child next of kin?

Siblings - brothers and sisters In the event that the deceased person passed away with no spouse, civil partner, children or parents then their siblings are considered to be the next of kin.

Who can override a power of attorney?

PrincipalThe Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.Nov 3, 2019

What's the difference between power of attorney and next of kin?

While next of kin is a relationship designation, power of attorney is a legal designation. You can choose almost any adult you want as your power of attorney. ... You can designate a power of attorney for a number of reasons, and you limit the decision-making and authority they have in your POA form.

Does a power of attorney need to be notarized?

Does my power of attorney need to be notarized? ... It is not a legal requirement for your power of attorney to be notarized, but there are very good reasons to get it notarized anyway. First, notarizing your power of attorney assures others that the signature on the document is genuine and the documents are legitimate.May 16, 2019

Do you need a lawyer to get a power of attorney?

Do I need a lawyer to prepare a Power of Attorney? There is no legal requirement that a Power of Attorney be prepared or reviewed by a lawyer. However, if you are going to give important powers to an agent, it is wise to get individual legal advice before signing a complicated form.

What are the 4 types of power of attorney?

AgeLab outlines very well the four types of power of attorney, each with its unique purpose:General Power of Attorney. ... Durable Power of Attorney. ... Special or Limited Power of Attorney. ... Springing Durable Power of Attorney.Jun 2, 2017

Can a Convicted Felon Have Power of Attorney?

Yes. Texas law does not prevent a convicted felon from having a power of attorney. A mentally competent person has the authority to select who they...

Can a Company Be a Power of Attorney?

Yes. In Texas, you can grant your power of attorney to an entity of your choosing. In certain circumstances, you may choose to give your power of a...

Can a Doctor Override Power of Attorney?

Yes — but only in limited circumstances. If an advance medical directive is in place, the instructions in that document may override the decision o...

Can a Durable Power of Attorney Be Changed?

Yes. A durable power of attorney is a flexible legal document. As long as a person is mentally competent, they can change — even revoke — power of...

Can a Girlfriend Be a Power of Attorney?

Yes. Any trusted person can serve as a power of attorney. They do not have to be a legal relative.

Can a Power of Attorney Also Be a Beneficiary?

Yes. In many cases, the person with power of attorney is also a beneficiary. As an example, you may give your power of attorney to your spouse.

Can a Power of Attorney Be Challenged?

Yes. If you believe that a power of attorney was not properly granted or the person with power of attorney is not acting in the best interests of t...

Can a Power of Attorney be Irrevocable?

Yes — though it is unusual. You can bestow an agent with irrevocable power of attorney in Texas. However, generally, estate planning lawyers will r...

Can a Power of Attorney Create an Irrevocable Trust?

Yes — but only with the express authorization of the principal. To be able to create an irrevocable trust, the power of attorney documents must sta...

Can a Power of Attorney Holder Open an Account?

Yes — but certain requirements must be met. Banks and financial institutions will require the agent to present specific documents.

1 attorney answer

If an accountant prepared the return, usually the accountant signs it too. If you need to handle tax matters for your mother in general, though, the IRS usually wants their own power of attorney form (https://www.irs.gov/pub/irs-pdf/f2848.pdf), not a general durable power of attorney.

David Ian Sheffield

If an accountant prepared the return, usually the accountant signs it too. If you need to handle tax matters for your mother in general, though, the IRS usually wants their own power of attorney form (https://www.irs.gov/pub/irs-pdf/f2848.pdf), not a general durable power of attorney.

52 Answers

You should be able to, but some of that would depend on whether or not she is on Medicaid, where your siblings (if any stand) legally, etc. You should ask an attorney so you know what your rights and duties are.

Popular Questions

Can family siblings request my moms financial statements on a monthly basis even though I have Power of Attorney?

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Can someone tell me what having power of attorney involves? My Father passed away in July and I am my Mother's power of attorney

What is a POA in Ohio?

A power of attorney, or POA, is a legal document that allows one person, called the "agent," to represent another person, called the "principal," in various types of financial and medical matters. Under Ohio law, the agent in a healthcare POA is called the "attorney in fact."

What is a limited POA?

One that limits the agent's authority in some way, such as to a single transaction, a certain type of transaction, or to a limited amount of time, is called a "limited" or "special" POA. Traditionally, a POA ended if the principal became mentally incapacitated, and was effective as soon as it was signed. Under Ohio law, you can have ...

What is a healthcare POA?

A healthcare POA gives the attorney, in fact, authority to make decisions about the principal's medical care in the event the principal become incapacitated and can't make or communicate decisions. A healthcare POA is both a springing and a durable POA. The power of attorney requirements in Ohio are found in Title XIII of the Ohio Revised Code ...

What is the power of attorney in Ohio?

Provision for healthcare POAs begins with Section 1337.11. Generally, any mentally competent person who is at least 18 years of age may create a POA.

What happens if your mother dies?

If your mother is deceased (your use of the term "estate" seems to imply that), then the power of attorney is no longer effective. If your mother is alive, then you have the powers that were granted in the power of attorney, which might or might not include the power to sell the home. Report Abuse. Report Abuse.

How to sell a house if your mother is still alive?

If your mother is still alive, you can record with the county recorder the power of attorney and then sell her home to pay her bills . If she has passed away, then the power of attorney is no longer valid. You will either have to file a probate proceeding with the court if she does not have a trust. If she has a trust, you would record with the county recorder an affidavit that you are the successor trustee and then can sell the property. You should consult with an attorney first.

Can I be my mother's conservator?

The short answer is yes. You should have an attorney review the document and advise you of your fiduciary obligations. Be advised that if your mother is still competent, she could revoke or amend the document. If she is incompetent, an interested party could challenge your authority by filing to become your mother's conservator in Probate Court.

Can I sell my house if my mom died?

If your mom is alive, yes. If she has passed away, you will need to go though some form of probate to sell a house titled in your mother's name.

Can POA be recorded in county records?

Yes, if the POA is properly drawn and can be recorded in the county records. Be aware, though, that this can be a traumatic step for an elder. If your mom is compos mentis at all, try to ease her into this idea.

Can I sell my house if I have a power of attorney?

Yes, you can sell her home; however, the buyer or the title company may insist that the land being sold be specifically described in the Power of Attorney. Also, it may not be a good idea to sell her home. Her home may be treated as an exempt asset for Medicaid payment purposes. The government may pay for her assisted living charges even if she keeps her home. That way she has an asset and may be able to return there someday.

Can a power of attorney be used if my mother is deceased?

If your mother is deceased (your use of the term "estate" seems to imply that), then the power of attorney is no longer effective. If your mother is alive, then you have the powers that were granted in the power of attorney, which might or might not include the power to sell the home.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can a convicted felon have a power of attorney in Texas?

Can a Convicted Felon Have Power of Attorney? Yes. Texas law does not prevent a convicted felon from having a power of attorney. A mentally competent person has the authority to select who they want to serve as their power of attorney.

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Can a durable power of attorney make medical decisions?

Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.