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Questions and Professional Answers

Questions and Professional Answers

  • Power of Attorney Letter

    My grandmother is in a nursing home. She has a bank account that is in her name and some how in mine but I can only touch the account after her death. The bank said that in order to get money out of the account myself , I need a power of attorney letter. So I want to know for MI who needs to sign/witness or notorize this letter? Does it have to be an attorney? Can I use one of those do it yourself power of attorney letters off a disk or does a lawyer actually have to draw it up?
    • Re: Power of Attorney Letter

      If your grandmother is competant and able to sign, then SHE will have to sign the power of attorney to whoever she believes should have power of attorney. If that is you, and you both agree, then you should contact an attorney to have a document drafted to that end.

      Jesse Sweeney
      Sweeney Law Offices, P.L.L.C.
      29777 Telegraph, Suite 2500
      Southfield, MI 48034
  • Procdure to get POA

    I want get a power of attorney letter to allow one of my relatives to take possession of a flat while I'd be traveling abroad. Currently I'm in Pune only and might have to travel in a month or so. I'd be getting my flat's possession (currently under construction) after 5 months. Please let me know whats the process of getting power of attorney letter? What all documents are required and who can issue the power of attorney?Thanks & Regards,- B
    • Re: Procdure to get POA

      Get a power of attorney draft from your lawyer containing necessary powers. Have that power of attorney made on appropriate stamp paper. Have it executed and attested by a Notary. Thereafter, get it registered.

      Shrichand Nahar
      S.V.Nahar, Advocate

      Pune, NUS 411004
    • Re: Procdure to get POA

      in that regard, you may execute a power of attorney in the name of your relative and seek a prior approval of the builder in this regard otherwise he may delay possession on ground of your non availability. seek an NOC from him.

      RAJIV GUPTA
      Rajiv Gupta & Associates (Cell: 9811284735) lawyer_rajiv@yahoo.com
      (lawyer's Chamber No: 359, Western Wing, Tis Hazari Courts,
      Delhi, India., NU 110054
    • Re: Procdure to get POA

      You may execute a "Special" power of attorney and get it registered in the local Tehsil. You may contact a local lawyer or a Deed-Writer in the Tehsil to help you complete the process.

      Sudershan Goel
      Attorney-at-Law (India)/International Visiting Scholar
      Sureme Court of India/University of North Carolina at Chapel Hill
      Usa / New Delhi, NEW DELHI 110001
  • Revoking Power of Attorney

    Help appreciated: What is the legal process to revoke a Power of Attorney. This Power of Attorney was given in 1998. A few months later we had written a letter (via our lawyer) to the person holding the POA - revoking the POA and any power it gives its holder. We never got the POA document back. (the person clains he lost the document and never saw the revokation letter). We are concerned this person may still be using the POA to perform operations in our name. What should we do, legally, to make sure the POA is invalid? Register something in court? Where? Publish in newspaper? What? Thanks in advance!
    • Re: Revoking Power of Attorney

      I would write a letter (certified mail, return receipt requested to any and all institutions where I maintain an account informing them that the power of attorney granted to (insert name) has been revoked and is null and void.

      Arnold Nager
      Arnold H. Nager, Esquire
      79 Cliff Street
      Hastings On Hudson, NY 10706-2101
    • Re: Revoking Power of Attorney

      Generally, the power expires at a time stated in the power itself. Otherwise, the person, when using it, usually must execute an affidavit stating that tho the best of their knwledge, the power is still in full force and effect and has not been revoked.Why not just send a certified letter revoking it?Good LuckRRG

      Robert R. Groezinger
      GroezingerLaw P.C.
      P.O. Box 23 - Patterson, NY
      Mid-hudson Valley + Nyc, NY 12563
  • Responsibily of Power Of Attorney

    I have power of attorney for my uncle. His lawyer said it is only able to be used if he somehow is incapacitated. This is definitely what he wants; but his bank said anyone with his power of attorney can do whatever they want anytime. Who is correct? Also if/when he becomes incapacitated would we need a letter from doctor or hospital/nursing home to be able to use the power of attorney?
    • Re: Responsibily of Power Of Attorney

      If the power of attorney is a "general" power of attorney, it is effective immediately. If it is a "springing" power of attorney, it is not effective until a future date. If you read the bold type warning at the top of the form, it will tell you which kind it is.If it is a springing POA, it will also tell you what the event is that triggers it's effectiveness. It is common to require a written declaration from a doctor that the principal has lost the capacity to handle his or her financial affairs; if that is the case, the bank would require a letter from the doctor to that effect.

      Frank Lang
      Lang Law Firm PLLC
      14 Computer Drive East
      Albany, NY 12205
    • Re: Responsibily of Power Of Attorney

      Without reading the language in the document, it is difficult to give you a proper response. If the language does not say the power is only effective if the maker is incapacitated, it could be used at any time, whether or not the maker is incapacitated. If it is limited to only being effective in the event of incapacity, some verification of incapacity would be needed for its use to be effective.

      Walter LeVine
      Walter D. LeVine, P. A.
      23 Vreeland Road #102
      Florham Park, NJ 07932
  • Power of Attorney vs. Proxy Letter

    I would like to knwo what the difference is between these two terms. I am translating a document in which a person must submit a power of attorney or (I think) a proxy letter. The terms in the foregin language both seem to mean power of attorney. It would be helpful to know the difference so that I can apply this knowledge to my translation.Thank you.Best Regards
    • Re: Power of Attorney vs. Proxy Letter

      You probably need to find this out in the relevant jurisdiction, rather than asking US lawyers in the abstract.US practice is that stockholders can have a proxy represent them and vote in their stead at stockholder meetings. Holders of general powers of attorney can do that and a whole lot more. There are other contexts where the terms are blurred (e.g., a "health care proxy" which is really a limited power of attorney).Best wishes,LDWG

      Lawrence Graves
      Coolidge & Graves PLLC
      39 Central Square #173
      Keene, NH 03431
  • letter of authorization to access account info

    Is there a letter to give my daughter permission to be authorized user of my utility accounts, bank account, etc.? I can not afford to have a lawyer prepare a Power of Attorney. But need sample letter or sample of Power of Attorney to draft a while I and my husband are of sound mind.
    • Re: letter of authorization to access account info

      Directly contact your bank and utility companies, as they probably provide their own forms for this situation.

      Theresa Langford
      Langford Law Firm
      PO Box 866354
      Plano, TX 75086-6354
  • power of attorney

    I have an uncle who has never married, no children. How do we go about getting power of attorney or duable power of attorney, what is the difference? What if he is not able to make decisions for himself? Is it possible to have two people with power of attorney? Does power of attorney cover medical as well as financial? In the event of this person passing , would power of attorney be able to sell home and bury the indivudual? He has a very old will, he has said he has made changes but no one can locate anything.
    • Re: power of attorney

      You have asked many questions and I will endeavor to answer them. Your uncle, assuming that he is able to direct his affairs can request that a power of attorney document be drafted. He can grant anyone he decides the power to direct his affairs for him while he is alive. If there is an old Will, and a codicil cannot be located it is probably best to have an attorney review the information with him and draft a new Will, or a Trust along with the power of attorney documents based on his stated needs at the time.If I can be of further assistance to you do not hesitate to contact me.Kindest Regards,Geoffrey Lahn

      Geoffrey Lahn
      Lahn, McDonagh, and Brown, PLLC
      208 East Michigan Ave
      Saline, MI 48176
  • Power of Attorney

    A private citizen in Asia issued a Power-of-Attorney to a person in another Asian Country, which is due to expire in December 2005.Question:1). Can the private citizen write a letter to terminate or revoke this Power-of-Atorney ?2). Can the private citizen in Asia issue another Power-of-Attorney to a private citizen in the United States ?3). Can the private citizen in Asia write several Power-of-Attorney(s) to people to act on his behalf ?Please respond, Thank you. C. Lee
    • Re: Power of Attorney

      It seems that the powers of attorney issue would be governed by local laws in the country or jurisdiction that would regulate them. Your friend should consult with counsel there.

      Robert F. Cohen
      Law Office of Robert F. Cohen
      P.O. Box 15896
      San Francisco, CA 94115-0896
  • Revoking a successor power of attorney

    My aunt lives far away. She has recently been placed in a nursing home due to Alzhiemer's. She has a power of attorney for health/estate. The problem is my Aunt's power of attorney feels the appointed successor power of attorney would not have my Aunt's best intrest at heart, should something happen to her power of attorney. The power of attorney wants to remove the successor power of attorney. Can that be done? If so, how?
    • Re: Revoking a successor power of attorney

      No.

      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
    • Re: Revoking a successor power of attorney

      Only a durable power of attorney survives the incapacity of the person who executed it. A standard POA does not. Only your aunt could change the successor agent (terminate the original DPOA and execute a new one) but she can not do it at this time since she is probably considered mentally incapacitated.Interested persons such as yourself and the present agent could petition to begin guardianship proceedings. The DPOA would then be suspended and, depending on the outcome, even terminated. The guardian(s) could then be different than the agent(s) your aunt had named in the DPOA. Best wishes.

      Marie-Anne Oatley
      Law Offices of Marie-Anne Oatley
      1200 N. Federal Highway, Suite 200
      Boca Raton, FL 33432
  • Power of Attorney

    I need a power of attorney documents. Does this does this document need to be typed by and attorney? Or can I type a letter out and have it notirize? Please advise! Bertha
    • Re: Power of Attorney

      A power of attorney is an extremely powerful document. There are forms available online if you want to do it yourself. Presuming that you intend to use the document for worthy purposes, your money might be well spent to confer with attorney.

      James Grissom
      Law Office of James P. Grissom
      3507 West Alberta Rd.
      Edinburg,, TX 78539