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Questions and Professional Answers

Questions and Professional Answers

  • Power of Attorney

    1. If my husband and I are moving from FL to GA in which state do we get the power of attorney for minor child care?2.Do we do one each for the child my daughter is giving us power of attorney for?3. How safe is using the power attorney forms on line.4. Is Nondurable power attorney for minor child care the right form?5.Is their a difference here from a durable power of attorney form?
    • Re: Power of Attorney

      I think you misunderstand the purpose of a power of attorney. Only a person over 18 can give a power of attorney. Just to be safe, you should consult with a local attorney about using the probate court's guardianship procedures.

      Charles W. Field
      Charles W. Field, Attorney at Law
      911 Duluth Hwy., Ste. D-3211
      Lawrenceville (north Atlanta), GA 30043
    • Re: Power of Attorney

      I am confused by the wording of your question. A power of attorney is not used for caring for a minor child. Matters concerning custody and/or guardianship must be determined by a court. If you are going to be caring for someone else's minor child on a temporary basis that is done va guardianship in the probate courts. It is not an online form, although some of the basic court paperwork is on the court website. Unless you are familiar with probate court procedure, an attorney is recommended. If the custody change is permanent, an adoption may be an option and that definitely requires legal counsel.

      Glen Ashman
      Ashman Law Office
      2791 Main Street
      East Point (metro Atlanta), GA 30344
  • Power of Attorney

    A power of attorney was granted by a mother to a care provider for a mentally retarded child of 17. That child is now almost 19. Is the power of attorney still valid or is a guardianship in order now?
    • Re: Power of Attorney

      Yes, some type of guardianship needs to be established, since the power of attorney is only authority to act for the person creating it, and the mother no longer has authority over her son since he's no longer a minor. Guardianships are costly to get. I'm aware that some people simply do nothing about getting a formal guardianship and instead just do what they must to take care of the ward. Just another example, imo, of how the legal system doesn't really help people that need its help.

      Paul Velte IV
      Paul C. Velte IV, Attorney at Law
      1122 Colorado, Ste. 2320
      Austin, TX 78701
    • Re: Power of Attorney


      Basil Hoyl
      Law office of Basil Hoyl
      4001 Airport Fwy., Ste. 190
      Bedford, TX 76021
  • Power of Attorney for a child

    My daughter has a child who at one time was in the custody of a friend who sought Power of Attorney for the child and got it. Now the child is back in my daughter's custody, but the friend still has power of attorney. My daughter was recently widowed and will recieve Social Security for her daughter who is 7. Should she let the friend retain the power of attorney or seek to get it back? Thank you. The friendship is a shaky one.
    • Re: Power of Attorney for a child

      If your daughter has custody of the child, some other person has no need to have a power of attorney for that child. Your daughter needs to revoke the power of atoorney. All that is needed is a statement that the power of attorney is revoked and taht statement must be notarized and given to the friend. I would make sure that social security gets a copy too.

      Eric Ballinger
      Ballinger & Associates
      250 East Main Street
      Canton, GA 30114
  • power of attorney

    I have an uncle who has never married, no children. How do we go about getting power of attorney or duable power of attorney, what is the difference? What if he is not able to make decisions for himself? Is it possible to have two people with power of attorney? Does power of attorney cover medical as well as financial? In the event of this person passing , would power of attorney be able to sell home and bury the indivudual? He has a very old will, he has said he has made changes but no one can locate anything.
    • Re: power of attorney

      You have asked many questions and I will endeavor to answer them. Your uncle, assuming that he is able to direct his affairs can request that a power of attorney document be drafted. He can grant anyone he decides the power to direct his affairs for him while he is alive. If there is an old Will, and a codicil cannot be located it is probably best to have an attorney review the information with him and draft a new Will, or a Trust along with the power of attorney documents based on his stated needs at the time.If I can be of further assistance to you do not hesitate to contact me.Kindest Regards,Geoffrey Lahn

      Geoffrey Lahn
      Lahn, McDonagh, and Brown, PLLC
      208 East Michigan Ave
      Saline, MI 48176
  • power of attorney over a minor child

    If i have a power of attorney for a minor child signed and nortarized by notary what rights does that give me for this child. Does the power of attorney give me just as much power over him as his parent would have?
    • Re: power of attorney over a minor child

      The POA referenced is likely a so-called nondurable power of attorney for the limited purposes specified in the instrument itself and would be valid for these purposes only if the parent who executed the instrument had the authority to do so, i.e., physical as well as legal custody of the minor child.

      Michael E. Hendrickson
      Attorney & Counsellor at Law
      211 North Union Street Suite 100
      Alexandria, VA 22314
  • Revoking a successor power of attorney

    My aunt lives far away. She has recently been placed in a nursing home due to Alzhiemer's. She has a power of attorney for health/estate. The problem is my Aunt's power of attorney feels the appointed successor power of attorney would not have my Aunt's best intrest at heart, should something happen to her power of attorney. The power of attorney wants to remove the successor power of attorney. Can that be done? If so, how?
    • Re: Revoking a successor power of attorney


      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
    • Re: Revoking a successor power of attorney

      Only a durable power of attorney survives the incapacity of the person who executed it. A standard POA does not. Only your aunt could change the successor agent (terminate the original DPOA and execute a new one) but she can not do it at this time since she is probably considered mentally incapacitated.Interested persons such as yourself and the present agent could petition to begin guardianship proceedings. The DPOA would then be suspended and, depending on the outcome, even terminated. The guardian(s) could then be different than the agent(s) your aunt had named in the DPOA. Best wishes.

      Marie-Anne Oatley
      Law Offices of Marie-Anne Oatley
      1200 N. Federal Highway, Suite 200
      Boca Raton, FL 33432
  • Power of Attorney

    I became ill and gave my power of attorney to my ex. Now I will be receiving a large lump sum for a auto accident. I hear my mother is going to get a power of attorney to control my medical, lump sum and child support. Can a relative, neighbor or state employee get a power of attorney after I have already assigned it? I do not want my mother a her drinking buddies contolling my life.
    • Re: Power of Attorney

      FLORIDA LAW - For someone to give Power of Attorney for anything, that person must voluntarily, freely and without coercion sign the Power of Attorney because there is a lot of Power with the Power of Attorney. If you have signed a POA then you have the right to cancel that POA by preparing a document saying that you cancel this POA and give this to the person who you originally gave the POA to. No one can have POA unless you authorize it.

      Melody Stickel-Martinez
      Melody Stickel-Martinez, Esq.
      10031 Pines Boulevard, Suite 217

      Melody Stickel-Martinez
      Melody Stickel-Martinez, Esq.
      One Financial Plaza, Suite 2626
      Fort Lauderdale, FL 33394
  • Powers of Attorney

    How do you find out how to obtain medical and financial power of attorney? Does the person have to sign a form to give power of attorney?Our brother is claiming to have power of attorney, but our mother says he does not, nor does she want him to. How do we find out if he has power of attorney? Can there be more than one power of attorney? Does the family have to agree on who is named power of attorney?Our mother is quite competent and is able to make decisions,but she is quite ill.
    • Re: Powers of Attorney

      A power of attorney is a legal document which mustbe signed in proper form and notarized and verifiedetc. It may be filed in the County Clerk's Officebut this is not necessary unless real property isbeing affected. While not a difficult task toprepare, it still should be done by an attorneyYou can have more than one, but it is not recomendedThere are no standards of conduct relative to aPower of AttorneyHaving a Power of Attorney is better than havinga need to have a Guardian appointed when oneloses competency because that is the most expensiveproceeding The family has nothing whatsoever to do with whoa person gives a power of attorney toThey could get involved in a formal Guardianshippetition.Hire a lawyer who knows this stuff

      Garry Hanlon
      Garry Stephen Hanlon, Esq.
      Rochester, NY 00000
    • Re: Powers of Attorney

      If your brother has a power of attorney, your mother would have had to execute a document. If she says she did not sign any such document, then he has no power of attorney.Also, ask him to produce the original power of attorney. If he cannot, he never had it.He may simply be trying to take control. Confront him about it, and if he will not produce paperwork, he probably doesn't actually have the power of attorney.

      Amy L. Finch, 845-362-0387
      Amy L. Finch, Attorney and Counselor at Law
      280 Midland Ave, Saddle Brook, NJ 07663
      P O Box 89, Theills, NY 10984
  • Power of attorney

    My mother has 5 children. The youngest child left her husband and she and her daughter moved in with my mother. Our stepfather died recently. This sister took it upon herself to get power of attorney for my mother and my stepfather(before he died) without notifying the other 4 siblings. The 4 other siblings feel that the power of attorney should be given to the oldest child who we feel will act in my mother's interest better than the sister who has current Power of attorney. My mother has moderate dementia and did not understand the process of power of attorney. What can the other siblings do to replace the current power of attorney held by the youngest with that authority going to the oldest? All siblings live in the same city as my mother.
    • Re: Power of attorney

      First, the power of attorney for your stepfather expired upon his death.As to your mother, unless she is willing to voluntarily revoke the power of attorney, if you feel her dementia is to the point that she is vulnerable to being taken advantage of by your sister, a guardianship may be the only answer. Consult with a local attorney.

      Charles W. Field
      Charles W. Field, Attorney at Law
      911 Duluth Hwy., Ste. D-3211
      Lawrenceville (north Atlanta), GA 30043
  • Absolute Power of Attorney & Probate Process

    A relative of mine passed away recently in North Carolina. This relative had given "Absolute Power of Attorney" to his child. His child now thinks that she can continue to use this "Absolute Power of Attorney" to transact business for this relative even though he is dead. This child also thinks that the probate process is not necessary since they are the only child of this relative. This relative does, however, have grandchildren & great- grandchildren. Is the child correct about the "Absolute Power of Attorney?" Is there no need for probate even though there are other heirs?
    • Power of attorney: valid after death?

      I'm in California, but I am aware of no state allowing a power of attorney extending beyond death.

      As for the necessity of probate, this will depend on a lot of factors. However, the property will have to transferred to the appropriate beneficiaries through some means--the means depend on things such as: was there a will? was there a trust? was property held in joint tenancy? how large is the estate? who are the beneficiaries under North Carolina law?

      Your relative's child needs to see an attorney in North Carolina--she'll soon run into problems if she doesn't.

      Chris Johnson
      Russakow Ryan Johnson
      225 South Lake Avenue, 10th Floor
      Pasadena, CA 91101