41

No. Because these laws are controlled by the states, there could theoretically be 50 different answers, but every state I've looked at so far (Arizona, Florida, Massachusetts, New Hampshire, Wisconsin) forbids using power of attorney to cast votes in a public election. In many states, a POA may not even request an absentee ballot for a voter. The general ...


17

Sources Florida Power of Attorney from the Florida Bar Association is a consumer pamphlet summarizing the laws in regard to a power of attorney. The actual laws are in the Florida Code sections 709.2100 thru 709.2402 Health Care Advance Directives from the Florida Health Care Administration is a consumer guide to Living wills, surrogate designations, and ...


16

No Partly because you are conflating some concepts which while conceptually related are legally different things: Power of Attorney - allows another person (the attorney) to deal with the assets of another person. Proxy - allows another person (the proxy) to exercise the vote of another person. Either as instructed or at the proxy's discretion. Guardianship ...


7

The search might be restricted to Colorado, Idaho, Illinois, Indiana, Kansas, Maine, Michigan, New Hampshire, North Carolina, Pennsylvania and Vermont, since in other states, mentally incompetent people can have their right to vote stripped from them (but it is not automatic). In Ohio, ORC 3505.24 says that any elector who does both of the following may be ...


6

The Wisconsin statute pertaining to power of attorney is here. 244.10(2)(b) indicates that the agent's authority terminates when they resign: there are other conditions, such as if the principle revokes the authority, the agent dies, and so on. If nothing else happens, you would have the authority, like it or not. 244.13 states that if you do anything to ...


6

There are two relevant laws of Kentucky. KRS Chapter 457 is about power of attorney, and KRS 457.100 specifies how the POA terminates, in particular (1)(a) says that it terminates when the principal dies (therefore on death of the relative, you have no power). KRS Chapter 391 governs intestate succession i.e. what happens if you don't have a will. The ...


5

Not in jurisdictions I am familiar with. A "Power of attorney" is a power to act as an attorney-in-fact, not to act as an attorney-at-law. A layperson practicing law for someone other than herself is usually the unauthorized practice of law and is illegal in most jurisdictions. It would be permissible if a jurisdiction carved out an exception for a ...


4

For most civil matters the answer is "no". Small claims court is special since there are restrictions on using attorneys, and in that context, it depends on the rules. In Indiana, the answer in their manual is no Small Claims Rule 8 allows a person to appear at trial and, if he or she chooses, represent himself or herself and avoid the cost of hiring ...


4

Your wife has no say at all. This is as it should be. He decided who should have the power to make decisions for him and your wife wasn't someone he trusted to do that. Her competent mother does have the power to make decisions for him and should do so. Your wife shouldn't try to interfere with, or involve herself, in decision making related to him. If her ...


4

The situation in germany is similar to the United States: Power of Attorney does not extend to voting in a political election. Some details: Under German law, the equivalent to power of attorney due to mental health concerns would be a Betreuung (if it applies to all affairs) or a Pflegschaft (only for some areas, such as only for representation in a ...


4

The rules for a Texas power of attorney are summarized in this page from Texas Lawhelp. The actual law is 2005 Texas Probate Code CHAPTER XII. DURABLE POWER OF ATTORNEY ACT Both of these indicate that the agent (aka attorney-in-fact) must be specifically named in the POA document. My experience with a POA in a similar situation in NJ is that multiple agents ...


3

That is, if my mom is sued by somebody for some reason, does that mean I am being sued, and my personal assets are at risk, rather than just hers'? Having power of attorney doesn't mean that you become "one and the same" person, it just means that you can stand in their place legally. If somebody sues your mother, you are authorized to act on your mother's ...


3

An email would be enough. As would an SMS. “Designated in writing” is pretty straightforward.


3

If that person becomes incapacitated or is deemed unfit to make their own decisions, will I be required to be physically present (for example, to sign something) to make those decisions if called upon? While it is customary for someone making decisions as weighty as removal of life support, to come to the hospital or care facility in person and discuss ...


3

The acts you describe in the body of the question do not fit with the acts implied by its title. Does Power of Attorney extend to voting in an election? This implies that the attorney-in-fact is contemplating signing the ballot envelope on behalf of the voter. The power of attorney grants the attorney-in-fact the power to act on behalf of the principal. ...


3

You can not be "made a Power of Attorney." Power of Attorney is a legal authorization that grants authority to an Agent to act on the Grantor's behalf in some capacity. Because it is not a contract, but rather a unilateral authorization, the Grantor cannot impose responsibility or obligations through Power of Attorney, and therefore there is nothing for a ...


3

As it happens, the law was just changed, effective 1/1/2017, and here are the changes. One part, section 105(1), states A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or ...


3

A power of attorney grants a person the authority to act on behalf of the grantor, and does not deprive the grantor the power to act in a manner that they would be authorized to, in lieu of a power of attorney. If A has power of attorney to act for B and B has power of attorney to act for C, A does not thereby gain power to act for C, nor does A take away B'...


3

As a preface, while the best course of action isn't always clear and the reality of implementing some solution is often rocky, the bipolar diagnosis situation you describe is probably the single most common situation in which legal arrangements must be made for an adult child, and is almost as common as the need for children to make legal arrangements for ...


3

A POA (power of attorney) does not allow one to represent someone in court. The name is confusing, it dates from a period when "attorney" meant one who acted for another, not just in court. That hasn't been a current meaning for hundreds of years except in this one expression. A POA might now be better called a "power of agency" but the ...


2

IRS Form 2848, with instructions here is how you tell the IRS that so-and-so is authorized to represent you in proceedings with the IRS: that person has to be authorized to practice before the IRS. The form is one where you grant someone permission to act on your behalf if the IRS comes after you, and whereby the person swears to certain qualifications (the ...


2

Death of a principal terminates every power of attorney (some curative statutes allow a power of attorney to have effect until the death is discovered by the agent to make it safer for people to rely upon agents). Obviously, dead people can't act as agents, and less obviously, a person's estate does not as a default matter assume a dead person's agency ...


2

You can always (as far as I'm aware) act as a "litigant in person", which is the UK phrase for a person representing themself in court. Whether its wise or not depends on the case - because the procedural stuff can be heavy weather and lack of knowledge about legal writing and law can be a real detriment. Courts have instructions to bend over backwards to ...


2

There is no such thing as 'half a lawyer'; either you have the relevant qualification (such as being a trained barrister/solicitor-advocate to represent somebody in court) or you are not, in which case you have the same rights as any member of the public. Paralegals are in the second category: they can read documents and suggest a course of action (well, so ...


2

This seems to be boilerplate text: for example, see this SEC filing at section 6.1 ("OWNERSHIP") or this SEC filing at section 7 ("Intellectual Property"). My guess is that it is there to allow the company to be able to fill out copyright/patent registration forms if you don't for some reason.


2

Medical Power of Attourney I'm assuming her husband now should automatically have medical power of attorney since she entered into a coma? No Powers of attorney must be entered into before the person is legally incapable (e.g. in a coma). It doesn't matter where it was entered into providing that it complies with Hawaiian law. Specifically, it ...


2

This basically means that you have to sign off on paperwork for your employer to be called the owner of a patent or copyright or trade secret, and to cooperate in testifying in court if someone disputes their ownership or the validity of a patent or copyright or trade secret. It also means that they can sign on your behalf for you when there is intellectual ...


2

This will be jurisdiction-specific, because though most states do not construe general powers of attorney as authorizing further delegation of power (at least by default), the specifics will vary with the jurisdiction. In New York, N.Y. Gen. Oblig. Law § 5-1502A provides that a statutory short form power of attorney (even one which delegates full powers ...


2

The age of majority (age at which a person ceases to be a minor) used to be 21 in most US states. It was lowered to 18 by statutes in various states at various times -- the Vietnam War had a major political effect on this. As the comment by Nate Eldredge says, the right to vote at at 18 is guaranteed by the 26th amendment to the US Constitution. It is ...


2

Since all 4 notarization certificates are identical, this is probably to allow for the notary or notaries to take acknowledgements for 4 different people. Looking at a few NY POA forms on the web, it appears normal in NY for the principal, the agent, any secondary agents, and any successor agents, to all sign and have their acknowledgements taken by a notary....


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