Found out Attorney has POA

[stephv710]

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

By pure accident, we found out that an attorney has POA for my father in law. We were changing his TV package with the cable company and he said "is there someone named Henry on the account?" We said, no, why? He told us that Henry is showing as POA. ???? My FIL visited this attorney only when applying for Medicaid for his wife who is now deceased. He does not remember signing this POA and was really disturbed by it.

My husband, his son is going to have him sign a new POA this week. Will that automatically revoke any previous POA's signed? Also, how do we find out if he has filed this POA with anyone else?

 

[justalayman]

another POA does not terminate an existing one. It just adds to the people that can act as the agent.



dad needs to send notice to the lawyer rescinding the POA/


https://www.leg.state.nv.us/NRS/NRS-162A.html#NRS162ASec270

NRS 162A.270  Termination of power of attorney or authority of agent.
1.  A power of attorney terminates when:
(a) The principal dies;
(b) The principal becomes incapacitated, if the power of attorney is not durable;
(c) The principal revokes the power of attorney;
(d) The power of attorney provides that it terminates;
(e) The limited purpose of the power of attorney is accomplished; or
(f) The principal revokes the agent’s authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
2.  An agent’s authority terminates when:
(a) The principal revokes the authority;
(b) The agent dies, becomes incapacitated or resigns;
(c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(d) The power of attorney terminates.
3.  Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.
4.  Termination of an agent’s authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
5.  Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
6.  The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.

 

[stephv710]

Thank you, this is very helpful.

 

[ring]

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

By pure accident, we found out that an attorney has POA for my father in law. We were changing his TV package with the cable company and he said "is there someone named Henry on the account?" We said, no, why? He told us that Henry is showing as POA. ???? My FIL visited this attorney only when applying for Medicaid for his wife who is now deceased. He does not remember signing this POA and was really disturbed by it.

My husband, his son is going to have him sign a new POA this week. Will that automatically revoke any previous POA's signed? Also, how do we find out if he has filed this POA with anyone else?

That sounds very strange for sure for a attorney to be POA over his/her client.I'm no attorney but,I was told there is many attorneys out there that searchout elderly people with no families to take adantage of them.If I was you I would be speeking with that attorney asking how this happened?Ask the attorney to revoke his POA over the inlaw.He should be willing to do so since,someone else is willing to take charge.Unless this attorney your speaking of his family of this inlaw.My thinking is,there's a reason for this.Either know one else was willing to step forward for your inlaw during that time and the attorney at that time agreed to be POA over your inlaw until/if one stepped forward.Or,the attorny is family of the inlaw.Or another reason is the attorney was appointed by Judge/court to do so at that time.

 

[FlyingRon]

It's not strange at all, though usually the power is limited to a specific purpose. I gave one to my attorney to close a house sale in my absence, etc... Applying for government services seems entirely reasonable.

 

[LdiJ]

It's not strange at all, though usually the power is limited to a specific purpose. I gave one to my attorney to close a house sale in my absence, etc... Applying for government services seems entirely reasonable.

I would agree with you except this attorney is listed on dad's CABLE account as POA. An attorney with a limited POA has no reason to contact someone's cable company and have themselves listed as POA.

 

[justalayman]

I would agree with you except this attorney is listed on dad's CABLE account as POA. An attorney with a limited POA has no reason to contact someone's cable company and have themselves listed as POA.

so, the solution is simple: dad terminates the POA the attorney has. Dad requests a statement regarding all actions the attorney has taken as dad's agent under the POA. If there are any questionable actions, they look into them. If there are none; they close the book on the matter and move on.

 

[ring]

I would agree with you except this attorney is listed on dad's CABLE account as POA. An attorney with a limited POA has no reason to contact someone's cable company and have themselves listed as POA.

POA over CABLE strange it is I must say.Why would the attorney desire your relative's Cable Company unless out for free CABLE lol.
Here's a short story that sounds some what the same I found.
My cousin,was POA Over my Aunt.My cousin past away last yr.My Aunt was left with no POA after my cousin's passing.
I went to visit my Aunt to see how she was doing one day.She told me her Cable/Dish wasn't working as no stations on her TV.So,I decided to call my Aunt's Dish Company to see if her Dish was still turned on and payment up to-date.During that phone call with the Dish company agent,I learned that my cousin was on my Aunt's Dish account as authorization.I then learned that my cousin had automatic bill pay setup.My Aunt was paying my cousin's dish bill at my cousin's home as well as my Aunt's home.Through the yrs my Aunt had no idea she was paying 2 bills as paying for my cousin's dish bill too.

So,with this story above,I would say the attorney to receive free Cable is possible with a POA to boot.To know,you need to ask the Cable company if there is other accounts linked to your relative's account?If so?Wow and behold a crook.
Why,would a attorney with POA contact Cable to be noted on the account?I don't think a attorney would risk his Bar for free Cable lol.May sound harsh to say to this OP.But,something with this OP's story isn't adding up.
(1):Why would a attorney want,desire or be appointed to be POA of his/her client?
My thinking is the client appointed the attorney to do so "POA".
If so,Why would the client appoint the attorney POA?Two reason comes to mind,No relatives,kin to appoint POA.Or it was the client's wishes to do so.Who knows maybe the client trusted his/her attorney to be POA.
With that said,
I think what it is with this story of the OP.The OP just came involved with his/her relative as caregiver and is just now learning about the relatives past actions.
My question to this OP is,where was you when the attorney was appointed POA?Where was you the date of this appointed POA?You state you just learned the attorney was your relatives POA.POAs don't override another POA.Wills will override another but,not POAs.It's possible that you wasn't in the picture and the attorney was.So,the attorney was appointed.But,the relative/client appointed this agreement with the attorney in order do so.Unless,ordered by a judge that is raely.So,welcome aboard as caregiver.It's a big job to do so I must say.Did you call this attorney asking why he was appointed POA & when?Did you ask about the Cable?

 

[Silverplum]

Please stop cluttering another's thread with your "stuff."

You just signed up to ASK a question: you aren't knowledgeable on this topic.

POA over CABLE strange it is I must say.Why would the attorney desire your relative's Cable Company unless out for free CABLE lol.
Here's a short story that sounds some what the same I found.
My cousin,was POA Over my Aunt.My cousin past away last yr.My Aunt was left with no POA after my cousin's passing.
I went to visit my Aunt to see how she was doing one day.She told me her Cable/Dish wasn't working as no stations on her TV.So,I decided to call my Aunt's Dish Company to see if her Dish was still turned on and payment up to-date.During that phone call with the Dish company agent,I learned that my cousin was on my Aunt's Dish account as authorization.I then learned that my cousin had automatic bill pay setup.My Aunt was paying my cousin's dish bill at my cousin's home as well as my Aunt's home.Through the yrs my Aunt had no idea she was paying 2 bills as paying for my cousin's dish bill too.

So,with this story above,I would say the attorney to receive free Cable is possible with a POA to boot.To know,you need to ask the Cable company if there is other accounts linked to your relative's account?If so?Wow and behold a crook.
Why,would a attorney with POA contact Cable to be noted on the account?I don't think a attorney would risk his Bar for free Cable lol.May sound harsh to say to this OP.But,something with this OP's story isn't adding up.
(1):Why would a attorney want,desire or be appointed to be POA of his/her client?
My thinking is the client appointed the attorney to do so "POA".
If so,Why would the client appoint the attorney POA?Two reason comes to mind,No relatives,kin to appoint POA.Or it was the client's wishes to do so.Who knows maybe the client trusted his/her attorney to be POA.
With that said,
I think what it is with this story of the OP.The OP just came involved with his/her relative as caregiver and is just now learning about the relatives past actions.
My question to this OP is,where was you when the attorney was appointed POA?Where was you the date of this appointed POA?You state you just learned the attorney was your relatives POA.POAs don't override another POA.Wills will override another but,not POAs.It's possible that you wasn't in the picture and the attorney was.So,the attorney was appointed.But,the relative/client appointed this agreement with the attorney in order do so.Unless,ordered by a judge that is raely.So,welcome aboard as caregiver.It's a big job to do so I must say.Did you call this attorney asking why he was appointed POA & when?Did you ask about the Cable?

 

[ring]

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

By pure accident, we found out that an attorney has POA for my father in law. We were changing his TV package with the cable company and he said "is there someone named Henry on the account?" We said, no, why? He told us that Henry is showing as POA. ???? My FIL visited this attorney only when applying for Medicaid for his wife who is now deceased. He does not remember signing this POA and was really disturbed by it.

My husband, his son is going to have him sign a new POA this week. Will that automatically revoke any previous POA's signed? Also, how do we find out if he has filed this POA with anyone else?

How do we find out if he has filed this POA with anyone else?Ask the attorney.The attorney will know and have this information.If there is another POA the attorney will know and have this information.Unless your relative has more then one attorney.The client/relative would answer that.

Will that automatically revoke any previous POA's signed? "NO" The only way a POA can be revoked is if the client does so.The client must revoke the current POA.
POAs is not like for example living Wills.With Wills one can override another as the newest dated.But,not POAs.POAs don't override another.POAs stays in effect until the client wishes to void the POA.You can just simply go to another attorney for POA.But,there is a chance that the past POA can step in to override your actions if the client isn't fit to make his/her own decisions at the time of your POA desire.That POA attorney can step in to say,at the time of your appointed POA your father wasn't in his right mind example.You do have the right not to contact the past attorney POA about your newest POA attempt.But,by contacting the past POA may open a bad can of beans if your father has dementia example.What ever it is you need to move fast on this.

 

[Silverplum]

Good grief.

It's as if dannyt got obsessed with a new legal topic.

How do we find out if he has filed this POA with anyone else?Ask the attorney.The attorney will know and have this information.If there is another POA the attorney will know and have this information.Unless your relative has more then one attorney.The client/relative would answer that.

Will that automatically revoke any previous POA's signed? "NO" The only way a POA can be revoked is if the client does so.The client must revoke the current POA.
POAs is not like for example living Wills.With Wills one can override another as the newest dated.But,not POAs.POAs don't override another.POAs stays in effect until the client wishes to void the POA.You can just simply go to another attorney for POA.But,there is a chance that the past POA can step in to override your actions if the client isn't fit to make his/her own decisions at the time of your POA desire.That POA attorney can step in to say,at the time of your appointed POA your father wasn't in his right mind example.You do have the right not to contact the past attorney POA about your newest POA attempt.But,by contacting the past POA may open a bad can of beans if your father has dementia example.What ever it is you need to move fast on this.

 

[justalayman]

How do we find out if he has filed this POA with anyone else?Ask the attorney.The attorney will know and have this information.

If there is another POA the attorney will know and have this information.

why? I can execute 100 POA's and unless by coincidence or I tell them, none of them will know of the other POA's. While it would be wise to inform the others in most cases, there is no requirement to do so.

Will that automatically revoke any previous POA's signed? "NO" The only way a POA can be revoked is if the client does so.The client must revoke the current POA

I'm glad that you are so excited you capitalized no and put it in quotations like it was a revelation but this has been answered by several people before your post.

POAs is not like for example living Wills.With Wills one can override another as the newest dated.But,not POAs.POAs don't override another.POAs stays in effect until the client wishes to void the POA.You can just simply go to another attorney for POA

another attorney? While it is advisable to consult an attorney so one understands the implications of their actions, there is no requirement to go to an attorney to assign a POA.

.That POA attorney can step in to say,at the time of your appointed POA your father wasn't in his right mind example.

He can say whatever he wants. It REQUIRES a court to make that determination. Until that point, each agent would have all the rights to act as conveyed by the POA.

You do have the right not to contact the past attorney POA about your newest POA attempt.

and they have the right to eat dinner tonight. The statement makes no sense.

But,by contacting the past POA may open a bad can of beans if your father has dementia example.

why would that be? If dad has dementia, any new POA would be subject to challenge. Don't you think it would be better to deal with dad knowing whether he has dementia?

What ever it is you need to move fast on this.

do you know something nobody else, including the OP, knows about this issue? For all we know it could be completely innocuous. Dad was having trouble with the cable company and asked the lawyer to deal with them. Heck, without further investigation, there is no way to know if the POA was specific to deal with the cable company or it was a general POA and the attorney has the ability to act on behalf of the principle in all financial matters. Moving with due regard to possible injury is one thing but the warning of needing to move fast is a lot like chicken little with the sky falling thing.

 

[stephv710]

We have attempted to contact the attorney, but he will not call us back. In addition to this, he handled the Medicaid application for my Father In law's wife and never returned many original documents.

At this point, I am going to send a certified letter to the attorney to revoke POA and also request those documents back. If he won't respond, what further recourse do I have? I am 500 miles away, so just going to the office isn't feasible.

I have no reason to believe that the guy is crooked, but I want to cover my bases, just in case

 

[anteater]

At this point, I am going to send a certified letter to the attorney to revoke POA...

You are????

 

[stephv710]

You are????

Ok, let me rephrase that...I will type it, my Father in law will sign it.