what lawyer can help me with power of attorney

Full Answer

Who is the best choice for power of attorney?

Most people select their spouse, a relative, or a close friend to be their power of attorney. But you can name anyone you want: Remember that selecting a power of attorney is not about choosing the person closest to you, but rather the one who can represent your wishes the best.

How do I approach a power of attorney?

How to get the conversation startedBe bold. Raising the topic of Power of Attorney isn't easy, but it's the right decision. ... Talk to other relatives first. Before you approach your parents or elderly relative, talk to other family members. ... Make a plan. ... Focus on the future. ... Choose the right time. ... Explain options openly. ... Listen.

Where do I file a power of attorney in Texas?

You must be of sound mind and know what you are doing when you sign the power of attorney; and. If you are entrusting your agent to conduct real estate transactions for you, the power of attorney document has to be filed with the clerk of each county where the property is located.

Can I do my own power of attorney?

In the Power of Attorney forms, you'll be asked to give details of the attorneys you wish to appoint and the capacity in which you want them to act (jointly or 'jointly and severally'). Being able to act severally means each attorney can use the Power of Attorney independently.

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

We often hear the question, “does the power of attorney need to be notarized in Texas?” The answer is yes; the document and any changes to it should be formally notarized. Once these steps are completed, power of attorney is validly granted.

Does power of attorney need to be notarized?

Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.

Can I appoint a lawyer as my attorney?

You can appoint anyone who is suitable, willing to take on this role and who you trust to make decisions for you and in your best interests. You can choose anyone over 18 to be your Power of Attorney, including your lawyer. You can appoint more than one person as your attorney. However, you should choose people who are able to work together.

Will I lose my own rights if I make a Power of Attorney?

No. If you are still able to make your own decisions (mental capacity), you will have authority to deal with your own property and money. In a Power of Attorney, you should make it clear that you only want your attorney’s power to start if and when you become incapable of making your own decisions. A Power of Attorney will not affect your will.

Can my lawyer help me register my Power of Attorney?

Definitely. At LegalVision, we can assist you register your Power of Attorney in any state or territory in Australia. Your power of attorney must be registered with the Land and Property Management Authority or relevant Land Titles Office if your attorney needs to deal with your real estate (eg sell, mortgage or lease it).

Do I Need a Lawyer for the Power of Attorney?

You can get a power of attorney without having a lawyer involved, but that doesn’t mean you shouldn’t hire one.

When Do You Need a Lawyer for the Power of Attorney?

If you don’t know what the laws of your state require you to do when writing a power of attorney or where to begin with the procedure, hiring a lawyer would be a good option. They can assist you in composing your document and make certain it is valid for a certain fee.

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How to find a power of attorney?

1. Ask people who you know. Once you suspect that someone is the victim of power of attorney abuse, then you should meet with a lawyer. To find referrals, first ask people that you know— friends, family members, or colleagues.

How to find legal help if you don't have money?

Find legal aid organizations. If you don't have much money, then you can try to find legal help by visiting a local legal aid organization. Legal aid organizations are typically non-profits which provide free legal help to people in financial need. You can find a legal aid organization by looking in your phonebook.

What happens if an agent doesn't keep the elder up to date?

If the agent is not keeping the elder up to date about what is happening financially, then the agent is violating their duty to the elder. Try to visit the elder when the agent isn't around. For example, you could volunteer to take the elder out for an afternoon.

Can an elder have a copy of a power of attorney?

The elder might have a copy or another family member might have a copy. Ask if you can read it. Some power of attorney documents grant the agent only limited powers. For example, an elder might give the agent the power to sell real estate. In this situation, the agent cannot sell the elder's vehicles or mobile home.

Can an elder's house be transferred to an agent?

An agent cannot transfer an elder's property into the agent's name. The only exception is if the power of attorney document specifically states that the agent can. You should look to see if the agent has sold or transferred property. Find the deed to the elder's house. Look to see that it is still in the elder's name.

Why do you need a power of attorney?

Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary, for example, due to travel, accident, or illness, or it may be permanent.

Why is a power of attorney important?

A power of attorney allows you to choose who will act for you and defines his or her authority and its limits, if any.

What is the power of attorney in fact?

Generally, the law of the state in which you reside at the time you sign a power of attorney will govern the powers and actions of your agent under that document.

What to do if you are called upon to take action as someone's agent?

If you are ever called upon to take action as someone’s agent, you should consult with an attorney about actions you can and cannot take and whether there are any precautionary steps you should take to minimize the likelihood of someone challenging your actions.

How long does a power of attorney last?

Today, most states permit a "durable" power of attorney that remains valid once signed until you die or revoke the document.

What are the qualifications to be an attorney in fact?

There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

What is a springing power of attorney?

The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney.

Why do you give someone a power of attorney?

Usually, you give a power of attorney so someone else can sign papers about property and money matters. The power can be limited to a certain thing, like selling a property, or it can be very broad, such as handling all property and money matters. It depends on what you write on the power of attorney form.

What is a power of attorney?

A power of attorney is written permission for someone to take care of property or money matters for you, in whatever way you want. In a power of attorney document, you are called the “principal” (person giving the power). The person who will take care of things for you is called the “attorney-in-fact.”. This person does not have to be a lawyer.

How old do you have to be to be an attorney in fact?

Any competent person over the age of 18 can be your attorney-in-fact. This includes family members. Many people choose a spouse or child. It is important to pick someone you trust deeply. Remember they will have control of things like your bank accounts or property. You can list more than one attorney-in-fact.

Where to file a power to sell land?

If you are giving a power to sell land, you need to file a signed original at the county recorder’s office. If the power deals with money matters, file a copy with the bank. When the attorney-in-fact acts for you, they sign their own name and then write: (their signature) As attorney-in-fact for (your name).

Can I take back my power of attorney?

Yes. A competent person can revoke (take back) a power of attorney at any time. You must put in writing that you revoke the power of attorney, and sign and date this in front of a notary. Send copies to the attorney-in-fact and to any person, office or bank the attorney-in-fact dealt with for you.

Is it a good idea to use a lawyer?

But it is a good idea to use a lawyer. The courts watch over the things that guardians or conservators do, but they do not watch over what an attorney-in-fact does. An attorney-in-fact could take advantage of you. A lawyer can help you put things in your power of attorney papers that limit the actions of the attorney-in-fact or make them have ...

Do I need to do a new Power of Attorney?

You don’t need to do a new one. If you are making a Power of Attorney form now, use the form that is attached to this factsheet. Make sure you read the “Important Notice to the Principal” page after the form. You need to initial it to show you have read it and keep it as part of the form.

What is the best way to choose a power of attorney?

Trust is a key factor when choosing an agent for your power of attorney. Whether the agent selected is a friend, relative, organization, or attorney, you need someone who will look out for your best interests, respect your wishes, and won't abuse the powers granted to him or her. It is important for an agent to keep accurate records ...

What is a power of attorney?

A power of attorney is a document that lets you name someone to make decisions on your behalf. This appointment can take effect immediately if you become unable to make those decisions on your own.

What is a POA?

A power of attorney (POA) is a document that allows you to appoint a person or organization to manage your property, financial, or medical affairs if you become unable to do so.

What is a power of attorney for health care?

A health care power of attorney grants your agent authority to make medical decisions for you if you are unconscious, mentally incompetent, or otherwise unable to make decisions on your own. While not the same thing as a living will, many states allow you to include your preference about being kept on life support.

What to do if your power of attorney is not able to determine mental competency?

If you think your mental capability may be questioned, have a doctor verify it in writing. If your power of attorney doesn't specify requirements for determining mental competency, your agent will still need a written doctor's confirmation of your incompetence in order to do business on your behalf. A court may even be required to decide the ...

Why do you need multiple agents?

Multiple agents can ensure more sound decisions, acting as checks and balances against one another. The downside is that multiple agents can disagree and one person's schedule can potentially delay important transactions or signings of legal documents. If you appoint only one agent, have a backup.

What powers can an agent exercise?

You can specify exactly what powers an agent may exercise by signing a special power of attorney. This is often used when one cannot handle certain affairs due to other commitments or health reasons. Selling property (personal and real), managing real estate, collecting debts, and handling business transactions are some ...

Why is it important to have a power of attorney?

Because the decisions that the person holding power of attorney makes are legally considered the decisions of the principal, it's vital that the agent be someone you trust absolutely and without question. Consider the following when thinking about possible agents: Consider how close the candidate is to the principal.

What is a power of attorney?

In the United States, a Power of Attorney enables a person to legally make medical, financial, and certain personal decisions (such as recommending a guardian) for another person. You may need to grant someone power of attorney if you are incapable of handling all or part of your affairs for a period of time.

When does a durable power of attorney go into effect?

It often will not go into effect until the person who grants the power of attorney becomes incapacitated.

How many witnesses are needed to sign a power of attorney?

Gather witnesses. In some states it is necessary to have the signing of the document witnesses by one or two people. For instance, in Florida, a power of attorney document must be signed by two witnesses while in Utah, no witnesses are required.

Can a person with a power of attorney be conservatorship?

If the person is already mentally incapacitated and did not grant power of attorney in a living will, it may be necessary to get conservatorship or adult guardianship . In most regards, the authority held by a guardian is similar to (but more limited than) those held by someone with power of attorney.

Do you need to notarize a power of attorney?

Have the power of attorney document notarized. Some states require the agent and the principal to sign the power of attorney document in front of a notary. Even if your state does not require notarization, notarization eliminates any doubt regarding the validity of the principal's signature.

Is a power of attorney void?

If the power of attorney purports to transfer a power that cannot be transferred under the law, that part of the power of attorney is void. For instance, even if the principal and the agent agree, the agent cannot write or execute a will for the principal. Any such will is not valid.

Gregory Dean Stewart

In states with which I am familiar you can do what you wish as stated above. However, the bigger question will be to locate a lawyer who is willing to take on the responsibility. Since you ask for referrals it appears that you do not already have a close relationship with a lawyer.

Arnold Garson Cohen

I agree with Mr. Anthony's answer. You have the ability to appoint a power of attorney and should. You have lots of competent estate planning attorneys in your area.

Shelley Ann Elder

Consult with a Delaware attorney to fully understand your rights under state law. Generally, any person who meets the basic requirements asked of those positions will be allowed to serve. You likely can find someone on this site by browsing the Find A Lawyer section of Avvo.com.