Power of Attorney
Can an Agent in a Power of Attorney Disobey the Wishes of the Principal?
Is there any kind of power of attorney under which if the principal's wishes conflict with those of the agent, the AGENT's decision will govern? If so, can that type of POA be ended by the principal or by a court?
Massachusett's durable power-of-attorney (DPOA).
We signed, witnessed, and notarized a Durable Power of Attorney in May of 2009. The document is the broad form, written to conform with the Massachusetts 201B code. A new code called 190B became effective and applicable to any DPA written on or after July 1, 2009. On July 14, we submitted an application on behalf of our Mom for a Home Equity Line of Credit. Note that the application date is after July 1, when the 190B statute became effective. As best I can determine, the 190B changes to 201B are extremely minor, and do not apply to my Mom as a person or as a loan applicant. QUESTION: The bank told me the DPA itself was not accepted. I can't reach the local bank for clarification until Monday 8/03, and I need a little peace of mind ASAP. ___DOES a DPA submitted with a loan application AFTER July 1 2009 need to say it is (and be)compliant with the new 190B code in order to be legally effective and acceptable WHEN SUBMITTED with a loan application on or after July 1 2009 ? ___ALSO, now that the 201B DPA has become effective (in May), CAN we possibly have a new 190B DPA created for my Mom if that is actually necessary to apply for a loan on her behalf (the bank we applied to knows she already needs a DPA, so can Mom even SIGN a new 190B DPA if we need one to reapply to that same bank ????). Please help! Thanks!!
Can I Name Two Agents in a Power of Attorney?
Can I list both of my sons as agents on a POA, not one first then the second, but the two as one son or the other son?
Does a Power of Attorney Need to be Witnessed in California?
In California, does a durable Power of Attorney need a notarized or will two witnesses suffice?
What is an Attorney in Fact?
In the proxy forms, I want to appoint a non-attorney to represent me at a meeting, but the language say 'do hereby constitute, appoint and name-as my true and lawful attorney and agent for me-. If the person is not an attorney, should I take that word out of the language and just keep the 'agent' part?