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FAQs
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Can a power of attorney document be filled out with an online signature?
In California A Power of Attorney does not require notarization unless the document to be signed by the individual holding the power itself requires notarization, for example documents affecting a transfer or encumbrance of real property. As a small business attorney I routinely prepare Limited Powers of all accomplished through email which allow me to accomplish specific tasks on the half of a client. Granting of even Limited Powers of Attorney necessarily involve a great deal of trust, and a customer should be wary of signing such a document. Peter, Oakland, California small business attorney. Not offer or intended as legal advice. -
Can power of attorney in fact forms be filled out and authorized completely online?
Note: I am not an attorney. Even if I were an attorney, I am not your attorney. This is merely the opinion of a fairly savvy Citizen. It is not legal advice. If you want legal advice hire an actual attorney. In the U.S.A. "signing" something like a Power of Attorney electronically is generally not enforcable* because many (most?) Courts require that the authorizing of them usually requires a "wet" signature which has been signNowd. You could try it but, because they are such powerful documents, almost any court (or business for that matter) will require that the signature be signNowd before allowing them to be enforced and used.In fact many businesses simply have a policy of not recognizing them without a confirming court order as well. This is especially true in health care.This is mainly because the business wants to make damned sure that any liability for errors or misunderstandings lies with someone other than the business. *Note that "not enforcable" =/= "illegal" (or even sick hawk).There's no law preventing you from doing it. It's just completely pointless; because if you complete the Power of Attorney electronically anybody who knows anything about law or contracts or fiduciary duty will simply ignore it... along with any instructions you might try to give them under it.Do yourself a favor by getting an attorney and doing it right. -
If a person with only a small amount of money dies without a will but having given someone power of attorney and a list of his wishes, is it legal for the person to carry out the deceased wishes?
In legal terms, a Power of Attorney is only valid whilst the person who granted it is alive. An attorney is a representative of a “donor”, with no donor, there can be no attorney.I assume that you are asking the question because you are concerned about your ability to access funds in a bank account that the deceased left behind. Well, it depends on what you mean by a “small amount”.I believe the official limit is £5,000, ie. below that figure, banks will release funds without probate, but some banks may go higher. Each one will have its own process and forms to fill in.Even then I don’t see how they could release funds to anyone other than a named executor (if there’s a will) or the next of kin (if there isn’t), so if you’re not either of those then the mere fact of you having previously been the deceased’s attorney would not afford you any special privilege. -
Do I need a special sheet to cancel the power of an attorney?
Yes, there is a separate document called Revocation of Power of Attorney. You can obtain from the internet .. such as ..Free Notice of Revocation of Power of Attorney -
Does a special power of attorney expire?
A special power of attorney is limited in scope to a set event in which the principal, or person granting the power of attorney, grants permission to the agent to act on their behalf. It expires either at the completion of the action by the agent or at a time specific as enumerated in the conditions that define the special power of attorney. It is a limited power of attorney. -
What is the difference between the special power of attorney and the general power of attorney?
General Power of AttorneyA General power of attorney grants an agent (to whom the POA is granted) virtually unfettered powers of decision making, from tax payment to entering contracts, from settling claims to buying a new toaster, everything. Since the subject matter is not listed in this case, the agent becomes the master of your fate and the captain of your soul. The duration of such a POA may also be arbitrary, depending on how it is drafted. Signing such a document makes you liable for the myriad acts your agent is legally allowed to perform (you could end up in jail, yes).Specific or special power of attorneyAn easy fix is the adoption of a Specific POA, that not only states the specific purpose which the agent is allowed to perform, it also acknowledges the limited duration of the POA. Rather than granting a singular General POA to one agent, one can grant several Specific POA’s to more than one agent, as regards to financial transactions, business interests, real estate etc, which would ensure no abuse of power. This should definitely save one from endless trips to the court, in case one’s agent turns out to be like a country’s parliamentarians- a rapacious perjurer.It may not be wise to keep an absolute restraint on the power granted, nonetheless, it is imperative to ensure that the reigns are tight enough to keep your horse from freelance grazing as and when it makes up it’s mind.
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