Examples power of attorney
A Power of Attorney is a document that lets you appoint someone to represent you.
If you sign a Power of Attorney, you are the head of the school. The person you appoint to represent you called the agent or attorney-in-fact.
2. How to Power of Attorney help me?
A Power of Attorney allows you the power of someone to handle certain tasks, such as signing documents for you while you're away. For example, your agent can sign documents or contracts for the sale of a home purchase, or to sell your car.
Or, your Power Attorney can authorize your agent to handle the tasks that are running.
Here are examples of tasks you can have your agent do the following:
<> Make bank deposits, withdrawals or other transactions
<> Trading stocks and bonds
<> Paying your bill
<> Buy or sell property
<> Hiring people to treat you
<> The file your tax return
<> Set the distribution of pension benefits
<> Negotiate and sign contract
<> Valid for benefits such as SSI or Medi-Cal
Your agent can do almost anything Authorization permit. You can also limit the types of financial decisions that you want your agent to be able to make.
3. Can I write an agent or alter my Will?
Agent No. You can build trust, but can not create or change the Will (Probate Code Section 4264).
4. Can my agent use my assets?
No. Unless you specifically make a gift to him, it is unlawful for your agent to make gifts to himself.
If you are 65 or more, and your agent to take your property without permission, s / he could be charged with elderly abuse.
5. What if I want to make a gift to my agent?
You can make a gift to your agent. However, if your Power Attorney is a "Durable Power of Attorney," which one remains in force even if you become incompetent, gifts to your agent after you become incompetent may be restricted by law. This is because, if you are incompetent, it will be the agent who decides to make a gift of property for himself. You may want to talk to a lawyer first.
6. Is it safe to use the power?
It is safe if the person you appoint is trustworthy and competent. Be careful to appoint someone you trust completely. That person may be able to access your bank account, sell your home, buy and sell shares in your name, cancel your insurance, or make important transactions and other sensitive.
7. Can I appoint more than one agency?
Yes. Sometimes people will appoint two or more persons who make decisions for you together.
Or, you can appoint an alternative agent. The alternative can step in if another agent is unable or unwilling to serve.
8. After a Power of Attorney is valid, can I still make their own decisions?
Yes. You can make all the financial decisions that you use before you have a Power of Attorney.
9. Agents can do things for me, too?
Yes, your agent can.
10. When will my Power Attorney valid?
You decide when come into force. You can make it take effect immediately (if you have all required signatures), or only if you lose the ability to make financial decisions.
11. How long does Power of Attorney last?
You can decide whether you want your Power General to expire on a certain date, or after your agent perform a specific task. Or, your Power Attorney can be durable. This means it will run well until you cancel it or until you die.
12. Where can I get a form letter of authority?
You can get a blank Power of Attorney form:
* Stationery store or other stores that sell pre-printed legal forms
* Planning your estate attorney, or
* Section 4401 of the Probate Code.
If you use a printed form, we recommend you use one that uses the same words with the Letter of Authority from the Probate Code, § 4401. It is a form that companies escrow bank, stockbrokers, and other agencies know best.
Some institutions, like banks, have their own power of attorney.
13. How do I know what to put into my Power Attorney?
First, determine what your strengths you want to give to your agent.
Then, ask yourself if you trust the person. Is there an alternative to Power of Attorney?
Next, ask a lawyer for advice, or read about the power of attorney so that you will understand what you are doing before you sign anything.
If you have one or more people you trust, and you know what you want to give them strength, you can find the documents printed to suit your needs.
14. How can I be sure my Power Attorney valid?
You must sign a Power of Attorney. You can ask someone to sign for you, but you should see him or her to do that.
The documents must be acknowledged by a notary public or signed by a minimum of 2 adult witnesses. An agent can not be a witness.
If you want power to be durable, it should say either:
"This power will not be affected by subsequent incapacity of the principal", or
"The power comes into force on the inability of the principal",
or similar words that indicate you want the document to be valid even if you become incapacitated.
Your Power Authority must comply with the provisions of the California Probate Code Section 4000 to Article 4065.
15. What if I make a Power of Attorney and then pointed to the Court of a conservator for real me?
Unless the Court or conservator who says otherwise, your agent can continue to use the Power of Court to handle your affairs.
You must notify your agent and conservators about everything s / he is not in your name.
16. What can I do if there is a dispute about power?
You may terminate or cancel the power of every moment. (See: Can I cancel or change my Power Attorney below?.)
If your friends, relatives or officials aware of problems with Power of Attorney, they may file a petition with the Probate Department. The application can ask the court to review what has been done agents. The court may decide to investigate further.
17. Can I cancel or change my Power Attorney?
Yes. Cancel in writing. Then, give your statement or a new Great Power to any entity [such as banks or stock brokers] who have long Power Attorney.
Until you do this, they can still use your original documents.
18. What if the agent is having trouble getting others to recognize the power?
Agents can request the Court to assist with the filing of the petition to ask the court to confirm that the / she acts as your legal agent.
Or, if a bank or brokerage firm does not receive power, your agent can ask the Court to order the institution to respect authority.
0 komentar:
Posting Komentar