Posted by John T on August 18, 2012 at 13:33:38 from (216.249.82.117):
In Reply to: OT - Power of attorney posted by don t. - 9n180179 on August 18, 2012 at 12:50:58:
I practice in probate and estate law in Indiana at least, but cant speak exactly to your questions UNLESS AND UNTIL I were to read the Power of Attorney to see exactly: 1) What powers are assigned,,,,,,,,,2) To whom they are assigned,,,,,,,,,,,,3) When the assignment becomes effective,,,,,,,4)And under what circumstances. ONLY THEN could I render a worthwhile professional opinion.
Looks like you may be confusing the Exectuor or Personal Representative of a decedent's estate whose authority to act only comes into play AFTER the person dies testate, the will is submitted to and approved by the probate Court, the court appoints the executor/personal representative WITH............A Power of Attorney which is during the life of a person but stops when they die !!!!!!!!!!!!!!!
If a person is an agent under a POA subject to what the POA says, yes they may well have authority to sign say a car title for the mother. As far as the executor or personal representative of an estste powers, they have no authority to act when the person is still living.....
NO NEED FOR ME TO GO FURTHER, SEE WHY THIS IS A QUESTION FOR A PROFESSIONAL QUALIFIED ATTORNEY NOT FOR ANYONE WHO HASNT READ THE POA OR RESEARCHED YOUR STATES LAWS, ATTORNEYS INCLUDED
Unless a trained qualified person has read the POA and is familiar with your states probate laws, I wouldnt make any decisions on what anyone here thinks about all this MYSELF OR ANY OTHER ATTORNEYS INCLUDED
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