Power of Attorney
What form is needed to declare my husband incompetent due to Alzheimer's?
My husband, who has alzheimers, has a trust. I have a Power of Attorney. Two doctors must sign as to his incompetence. What form should I use for this purpose?
Can my mom purchase life insurance despite having a DPOA in effect?
We have a Durable Power of Attorney for my Mom. We asked her doctor to 'activate' the DPOA per Massachusetts Law by providing a letter certifying that Mom is no longer able to manage her own affairs (the doctor did so). The DPOA was signed, witnessed, and notarized on 5/27/09. Even though we have activated the DPOA, Mom is obviously and undeniably able to make 'simple' choices, judgments, and decisions (as opposed to those requiring complex analysis), and to communicate clearly.(3-part) QUESTION:1.) Can Mom legally purchase a Life Insurance policy for herself and designate beneficiaries, even though a DPOA is legally in effect for her, WITHOUT our having to use the DPOA to do so on her behalf ? 2) Is Mom's purchase of a life insurance policy and her designation of beneficiaries legally IRONCLAD and UNCONTESTABLE despite the existence of her already legally effective DPOA? 3) Despite the fact a DPOA is now and forever in effect for Mom, is Mom free to make her own decisions at any time in the future, provided we (her joint attorneys-in-fact) decide it is NOT necessary to use the DPOA on her behalf for a particular purpose or circumstance?
Is a Power of Attorney from 1979 still valid in California?
In 1979, my brother granted and executed a Power of Attorney (Special) regarding a parcel of property that we own togetherness Tenants in Common. The POA was executed in Los Angeles County, Ca and the executive thereof was attested to by a Notary Public. The document was never recorded. But I have the original. The POA does not explicitly refer to any limit of time under which the POA would be valid and effective nor does is mention any condition under which the POA could or would be revoked. Question - Is this POA still in full force and effect?
Is my Power of Attorney outdated if executed in 2008?
I hold a durable Power of Attorney for financial management, executed September 2008. Recently a title company said it was out of date for the closing about to take place. It was no big deal as the co-owner is now able to be present. But how can it possibly be out of date? Am I required to update this Power of Attorney every 6 months or something?
Can I contest my sister's power of attorney and sale of my mother's house?
My sister lives in California. My mother had a stroke in Florida where she lived. My sister took my mother to California for the last 3 years during which time she had my mother make her power of attorney and then deemed her incapable of making any decisions for herself. My sister has now sold my mothers house in Naples, Florida without ever discussing it with me. Do I have any legal way to stop this sale from happening? Can I contest her changing of the Power of Attorney?