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Chevelle70ss

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Kiawah

Senior Member
What is the name of your state (only U.S. law)?

Chevelle70ss
You closed your thread, so you definitely won't get any answers that way!

Why do I need a Power of Attorney
What is the name of your state (only U.S. law)? New York
Good afternoon,
My mother just passed away a few months ago she had all her wits about her. I was executor since 2000 I'm an only child & got the house & some insurance money. I'm single & the only one I have is my German Shepherd I have one uncle & one aunt these are the only two relatives I have since I never knew my fathers side of the family.
My uncle took over & took care of all the paper work since he was a CPA. He told me it was very important for me to make out a Will. So instead of using my mothers lawyer he used his. From what I see if anything should happen to me his sons. I have no problem with this but it is moving very fast & really not knowing this stuff I'm lost.
Here is what I would like to know there is another sheet that is about 10 pages long which states that my uncle if I sign it would be Power of Attorney from what I understand & have been told this means he controlls everything without me having a say!.
I really don't understand why I need a power of attorney there is nothing wrong with me I have been paying the bills for as long as I can remember.
I was never power of attorney over my mother just executor I could not touch her bank account or sell anything of hers. This paper says my uncle can without me knowing.
So my question is why do I need Power of Attorney? is this normal? I can see if I could not make decisions but that is not the case. I just don't understand this if someone could explain it this would be very helpful?
I'm sorry for being so dumb but I have been told by friends not to sign it.
Thank you!
Will
You can make your POA springing, which means there is language that springs the POA into effect, given some predefined circumstances. For instance, if two independent doctors confirm that you are incapacitated for 30 days. So the POA is effectively signed and available to come into effect quickly, if ever needed. You may not find that type of language in off the shelf simple POA templates, but a lawyer can certainly include the correct language to protect you.

I've got mine and my wife's set up this way.
 
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Dandy Don

Senior Member
She didn't close the thread--perhaps the administrator of the website did that.

What is the reason that uncle took over the other estate in which you had been named as executor? Is it perhaps you were not business savvy or legally savvy enough to have the intelligence to manage an estate or was there some other reason?

Unless you have some diagnosed mental incompetence where you could not handle your assets in the near future, there is no need for you to give anyone a power of attorney. You should truly consider hiring YOUR OWN attorney so that he/she won't be influenced by your uncle, so that YOU can determine how your assets are handled and not HIM.
 

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