When to give a durable power of attorney
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- Опубліковано 6 лют 2019
- If you or a loved one loses the ability to make decisions and choices about how to live. If someone suffers a stroke and can no longer communicate. or worse- is declared brain dead. What can the family do? If they are an adult there are only 2 choices- go to court and have someone appointed or dig out the durable power of attorney they signed and notify that person.
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General information on durable power of attorney
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Thank you very much so much for this video. Very interesting.
Thank you❤❤❤❤
Thank you
For myself and love ones
helps big time
Very happy to hear that- we have some new trainings coming on this subject.
Thank you for this information. I do have a question. My mom unfortunately has terminal cancer and she appointed me durable power of attorney. When the time comes that she passes is the durable power of attorney document still valid?
Very sorry about your mom. The power of attorney is effective only while the person is alive.
Is it okay to laminate a DPA card?
I keep it in my phone wallet and trying to prevent it from getting ruined unreadable.
Does laminating it make it invalid?
Thanks
laminating something would not ordinarily make the document invalid however it could make something unable to be recorded if it needed to be filed somewhere such as a county clerk's office and it needed to be in original form.
Is a will, necessary if you give someone a power of attorney?
Hi @Larry - we have all sorts of videos on the playlist- check those out as they may help you.
when you need a will: ua-cam.com/video/-rOxfhGy77Q/v-deo.html
If a person has a high chance of losing the ability to write and sign checks and or speak , does this have to be added to the power of attorney form?
This question is a little unclear- can you write it a little clearer as to who the person is?
Can one spouse appoint someone else for the others POA?
HI @Scott - there is no requirement that a spouse be the named person given rights under a power of attorney. This raises other issues so thank you so much for the question - new videos on this topic coming soon!
My parents gave my younger sister Durable POA and everything is to be split 4 ways between their 4 children and Every time we aregue she brings up that she is POA and that everything is hers and the argument will be over somthing as small as dishes or a messy floor. She mentally abuses my parents and tells them i hate them, only care about myself and hope they die. She is being mentally abusive and thinks being POA makes her able to do so. What can I do?
Hi @Cindy. If your parents were legally competent to give the POA then it is valid and the sister has those powers now. Also if your parents are legally competent now - they can cancel that POA.
@@FinelyRevealed She has the power to change what was originally in the trust? My parents are both still competent. How is she able to take someone's share of what is in that trust without the knowledge of my competent parents? How is this just.
I need help my father needs someone on his bank account. Has terminal illness and he does not have anyone is this the form I download and have it signed and notorized
Your father can add a person to his account by contacting the bank and signing a new signature card. The power of attorney could also give another person rights to that account for him. So sorry about this.
@@FinelyRevealed Thank you. I appreciate your reply. I did have him sign power of attorney but he's was unable to speak and come out of the home. I had him sign on 7/10/23 and he passed away 7/11/23.
My mother gave me durable power of attorney and she left the country cannot ever come back but she is calling my other sister and asking her to do illegal things in the house, what can I do PLEASE HELP
Hi @Veronica Your rights to act for your mother depends upon what the document states. Please consult an attorney.
FinelyRevealed Thank You
My 93 yrs old father lying in the hospital not having the capacity to understand where he was, what day it was, who the president was. Doctors said Hospice should be called in, so my niece printed off a POA brought it up to the hospital marked all the hot powers, had him sign it without any witnesses in room then had the lady in Admin notarized it. Seven days later produced a Trust in which my niece gave all of the Estate to her mother worth over $700,000 Question is this the POA niece used was not legal because our father was did not have the capacity, so is the Trust she typed up and only she signed not legal and showed it be voided?
Hi @Tammy - if the person did not have mental capacity then any document they signed - even if the signature is legible - can be invalidated by a court. If you believe your father lacked capacity please get an attorney asap
Thank you, I gave the Judge all the hospital reports to prove he was not. I am waiting to hear from her on my Motion to void POA.