Comments for Legal Discussions http://www.aberingroup.com Your Questions, Our Answers Sat, 04 Feb 2012 08:29:26 +0000 http://wordpress.org/?v=2.2.1 Comment on Does a power of attorney override a will previously written when someone has full mental capacity? by wizjp http://www.aberingroup.com/legal/does-a-power-of-attorney-override-a-will-previously-written-when-someone-has-full-mental-capacity/#comment-1698 wizjp Sat, 31 Dec 2011 11:34:45 +0000 http://www.aberingroup.com/legal/does-a-power-of-attorney-override-a-will-previously-written-when-someone-has-full-mental-capacity/#comment-1698 Will has no validity untill she passes. Till then the POA is God. Will has no validity untill she passes. Till then the POA is God.

]]> Comment on Does a power of attorney override a will previously written when someone has full mental capacity? by I have no eyes http://www.aberingroup.com/legal/does-a-power-of-attorney-override-a-will-previously-written-when-someone-has-full-mental-capacity/#comment-1697 I have no eyes Fri, 30 Dec 2011 08:46:16 +0000 http://www.aberingroup.com/legal/does-a-power-of-attorney-override-a-will-previously-written-when-someone-has-full-mental-capacity/#comment-1697 They are two separate things. Once she dies, his PoA ends and the provisions of the will take effect. One does not override the other because they do not coexist. They are two separate things. Once she dies, his PoA ends and the provisions of the will take effect. One does not override the other because they do not coexist.

]]> Comment on Does a power of attorney override a will previously written when someone has full mental capacity? by WRG http://www.aberingroup.com/legal/does-a-power-of-attorney-override-a-will-previously-written-when-someone-has-full-mental-capacity/#comment-1696 WRG Wed, 28 Dec 2011 04:32:27 +0000 http://www.aberingroup.com/legal/does-a-power-of-attorney-override-a-will-previously-written-when-someone-has-full-mental-capacity/#comment-1696 No, but the Will doesn't take effect until death and the PoA ends with death. No, but the Will doesn’t take effect until death and the PoA ends with death.

]]> Comment on How do I get my Power of Attorney to the US? by quizzard123 http://www.aberingroup.com/legal/how-do-i-get-my-power-of-attorney-to-the-us/#comment-1748 quizzard123 Wed, 28 Dec 2011 01:07:14 +0000 http://www.aberingroup.com/legal/how-do-i-get-my-power-of-attorney-to-the-us/#comment-1748 Find a lawyer locally who is licensed in the US as well (the embassy can help you there). Then FedEx the document to your daughter. Find a lawyer locally who is licensed in the US as well (the embassy can help you there). Then FedEx the document to your daughter.

]]> Comment on Can a foreigner give power of attorney of themselves to a United states company? by Snarky's Suspended Account http://www.aberingroup.com/legal/can-a-foreigner-give-power-of-attorney-of-themselves-to-a-united-states-company/#comment-1740 Snarky's Suspended Account Sun, 25 Dec 2011 04:58:57 +0000 http://www.aberingroup.com/legal/can-a-foreigner-give-power-of-attorney-of-themselves-to-a-united-states-company/#comment-1740 Before your friend goes that far, he should contact an attorney in the US to see if adultery is something that is legally actionable in his wife's jurisdiction. I think your friend will be unpleasantly surprised. Anyway, I don't think that a company is going to want to get involved in this kind of nonsense. Your friend should simply retain an attorney in the US himself. Before your friend goes that far, he should contact an attorney in the US to see if adultery is something that is legally actionable in his wife’s jurisdiction. I think your friend will be unpleasantly surprised.

Anyway, I don’t think that a company is going to want to get involved in this kind of nonsense. Your friend should simply retain an attorney in the US himself.

]]> Comment on How do I acquire power of attorney for a deceased mother, in order to claim medical records? by Dani A http://www.aberingroup.com/legal/how-do-i-acquire-power-of-attorney-for-a-deceased-mother-in-order-to-claim-medical-records/#comment-1692 Dani A Fri, 16 Dec 2011 01:40:04 +0000 http://www.aberingroup.com/legal/how-do-i-acquire-power-of-attorney-for-a-deceased-mother-in-order-to-claim-medical-records/#comment-1692 First of all, a power of attorney won't work. Those become null and void once a patient is deceased. It is only good to get records when the patient is alive (and even then not always). What you do need to get the records is either a copy of the death certificate showing that you are the informant or a copy of her will stating that you are the executor of the will. If you are not either of these things that you will likely have to get a court order to get the records as you have no legal rights to them. If they still refuse to give them to you you need to get a lawyer to scare them into giving them to you because clearly by asking for a power of attorney they are showing they don't know what they are doing there. First of all, a power of attorney won’t work. Those become null and void once a patient is deceased. It is only good to get records when the patient is alive (and even then not always).

What you do need to get the records is either a copy of the death certificate showing that you are the informant or a copy of her will stating that you are the executor of the will. If you are not either of these things that you will likely have to get a court order to get the records as you have no legal rights to them.

If they still refuse to give them to you you need to get a lawyer to scare them into giving them to you because clearly by asking for a power of attorney they are showing they don’t know what they are doing there.

]]> Comment on How much power do you have with power of attorney? by wings http://www.aberingroup.com/legal/how-much-power-do-you-have-with-power-of-attorney/#comment-1726 wings Fri, 16 Dec 2011 00:38:07 +0000 http://www.aberingroup.com/legal/how-much-power-do-you-have-with-power-of-attorney/#comment-1726 I don't know about the rules where you live, but here in Canada..Power of Attorney does not give a person the authority to permit or not permit visitors. Simply, Power of Attorney gives the appointed person the right to make decisions on behalf of the person who is not capable of making those decisions. They can write cheques from the bank account, get information from creditors, etc.in order to act on behalf of the incapable person. The person with Power of Attorney can even sell the property. There is also a second Power of Attorney whereby the person appointed can make health care decisions on behalf of the person incapable of doing so. I doubt very much your sister can enforce what SHE wants...disallowing you to see or have any contact with your mother. I don’t know about the rules where you live, but here in Canada..Power of Attorney does not give a person the authority to permit or not permit visitors. Simply, Power of Attorney gives the appointed person the right to make decisions on behalf of the person who is not capable of making those decisions. They can write cheques from the bank account, get information from creditors, etc.in order to act on behalf of the incapable person. The person with Power of Attorney can even sell the property.
There is also a second Power of Attorney whereby the person appointed can make health care decisions on behalf of the person incapable of doing so.
I doubt very much your sister can enforce what SHE wants…disallowing you to see or have any contact with your mother.

]]> Comment on How do I acquire power of attorney for a deceased mother, in order to claim medical records? by Henry Smith http://www.aberingroup.com/legal/how-do-i-acquire-power-of-attorney-for-a-deceased-mother-in-order-to-claim-medical-records/#comment-1691 Henry Smith Thu, 15 Dec 2011 12:04:33 +0000 http://www.aberingroup.com/legal/how-do-i-acquire-power-of-attorney-for-a-deceased-mother-in-order-to-claim-medical-records/#comment-1691 A power of attorney only applies while someone is alive. After that, the executor handles everything related to the estate. However, as discussed above, a death certificate is usually all that is needed for a life insurance company. A power of attorney only applies while someone is alive. After that, the executor handles everything related to the estate. However, as discussed above, a death certificate is usually all that is needed for a life insurance company.

]]> Comment on How do I acquire power of attorney for a deceased mother, in order to claim medical records? by Barney http://www.aberingroup.com/legal/how-do-i-acquire-power-of-attorney-for-a-deceased-mother-in-order-to-claim-medical-records/#comment-1690 Barney Wed, 14 Dec 2011 23:15:43 +0000 http://www.aberingroup.com/legal/how-do-i-acquire-power-of-attorney-for-a-deceased-mother-in-order-to-claim-medical-records/#comment-1690 Have you ever watched Weekend at Bernie's? It's an excellent primer for this kind of thing. Though stay away from Weekend at Bernie's 2; that mostly deals with probate. Have you ever watched Weekend at Bernie’s? It’s an excellent primer for this kind of thing. Though stay away from Weekend at Bernie’s 2; that mostly deals with probate.

]]> Comment on How much power do you have with power of attorney? by Casey/Kelle http://www.aberingroup.com/legal/how-much-power-do-you-have-with-power-of-attorney/#comment-1725 Casey/Kelle Wed, 14 Dec 2011 06:34:32 +0000 http://www.aberingroup.com/legal/how-much-power-do-you-have-with-power-of-attorney/#comment-1725 Yes she gets to call the shots. Too bad she's such a ..........She'll regret it some day. Keep an eye on the situation. You could get a lawyer to get you a copy of the PofA. They are specific. Some are only for medical decisions. Some are only for financial decision. Don't let her go farther then her power allows. Yes she gets to call the shots. Too bad she’s such a ……….She’ll regret it some day.

Keep an eye on the situation. You could get a lawyer to get you a copy of the PofA.

They are specific.

Some are only for medical decisions. Some are only for financial decision. Don’t let her go farther then her power allows.

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