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power of attorney

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M

Marsga

Guest
ref alabama,
is power of attorney a state matter?
so one person can give power of attorney to two people?
is power of attorney something you can do by yourself or
do you have to have a lawyer help you?
Once someone has given you power of attorney, when does
it become active--I may be confusing durable power of attorney, with power of attorney, here, but in either case, does it immediately become something useable? I am thinking of a situation wherein a person was given power of attorney and immediately signed something with their own name, a contract, for the person who had given them power of attorney.
Is there a way to sign something, using the power of attorney given you, that is special, to indicate you are signing using the power of attorney?
thanks for any help with these questions
Marsga
 


ALawyer

Senior Member
Read the section about estate planning and powers of attorney on FreeAdvice!

Also, you can buy a power of attorney form from the link on the right that says power of attorney. This is one thing a lawyer need not prepare BUT be cautious giving anyone unlimited power of attorney, and a lawyer can advise you when it makes sense and when it does not.

The issues are:

DURABLE - survives your incompetence.
SPRINGING - takes effect ONLY if you become disabled.
LIMITED - for a specific urpose.
GENERAL - gives full power to do about anything you can do on your own.
 
M

Marsga

Guest
AL, FLA More Power of Attorney questions

Many, many thanks to ALawyer for his last response to my
questions, that was important information I did not have.
I have looked at most of the elder law and estate planning texts by now. Apparently you CAN have two people both w
Power of Attorneys for you.
How can you find out the kind of power of attorney someone
has for another person, is this a matter of public record
or something?
My concern is that someone is using their power of attorney
inappropriately. Can you tell from their signature if
they are doing it right--I mean, do they need to indicate
they are acting under "power of attorney," when they sign
something for the person they have power of attorney for.
Thanks for helping me get a handle on all this legal stuff.
Marsga
 

ALawyer

Senior Member
Lots of questions.

A power of attorney is created under state law. It can be given to 1 person acting alone, 2 acting together or 2 or more acting separately.

A power of attorney can "springing" so it takes effect (or springs to life) only if something specified happens, or it can be effective immediately.

It can be general and broad, or very limited, such as for 1 purpose.

Each state has its own laws. It is a powerful instrument. You can do it yourself, and there are forms available from the blue box on the right. But be careful, as you are essentialy giving your rights to the person or persons you name.
 

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