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.
Power of Attorney Questions
Answers to Frequently Asked Power of Attorney Questions
As the Attorney-in-Fact Must I Contact Creditors About the Failing Health and Finances of the Maker of the Power of Attorney?
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.
Can My Mother Grant Power of Attorney for Both of My Parent’s Assets if Both Are Quite Old and Ailing?
Such a determination is solely dependent upon the person granting the Power of Attorney and his or her physical and mental condition.
Can a Foreigner Grant Power of Attorney to a USA Citizen to Conduct Business in America?
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.
When a Person Gives Power of Attorney to Another, Is the Maker Prevented from Conducting Legal Business?
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.
What is the Timeline for a Power of Attorney to End and the Execution of a Will to Begin?
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.
Does a Real Estate Power of Attorney Remain In Force After the Death of the Owner?
The authority granted under a standard Power of Attorney terminates upon the death of the person creating the Power of Attorney document.
How Does the Attorney-in-Fact Relinquish the Duties of Power of Attorney?
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?
Does a Last Will and Testament or a Power of Attorney Take Precedence on the Management of an Estate?
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”.
Is a Power of Attorney Document Signed in One State Valid in Another State?
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.