Ask MetaFilter questions tagged with powerofattorney

How does Power of Attorney Work in New York?

Caz721 — Fri, 30 Jan 2009 11:00:46 -0800

Since I am a lawyer (though of course, not your lawyer, and not his lawyer), a family member asked if I could help him with some issues regarding a durable power of attorney (NY State). Unfortunately, I'm not a trusts & estates lawyer, so I need some direction as to what I should look at and consider in order to let him know whether he should consult a lawyer with that expertise. I know you're not my lawyer, and I'm not seeking your legal advice. My cousin's husband, Jay, asked me for advice regarding his situation. Jay's mother recently passed away. Previous to her death, Jay's mother had a durable power of attorney for Jay's cousin, Max, who is developmentally disabled and legally incompetent (I don't know much about the exact details of Max's situation). Max is in some sort of living facility, and Jay's mother took care of administrative needs for Max.

Previous to Jay's mother's death, she arranged for the durable power of attorney to pass to Jay after she died (she was sick for over a year before her death). I haven't seen the paperwork yet so I don't exactly know how this was done, but please assume for the question that Jay now holds a durable power of attorney regarding Max.

A check from the proceeds of another family member's estate recently were sent to Jay's mother's address (after her death). Jay's step-father forwarded the check to Jay. I am unclear as to whether the check is made out to Jay's mother, for the benefit of Max, or simply to Max. Jay expects some other checks in the next few months as well, and wants to know how he should deal with opening the bank account and how he is limited in dealing with the money (apparently there is some investments for the Max's benefit that have recently lost 80% of their value due to the loss in their funds, and he wants to know if he has the right to move them to less risky investments, for example).

Jay is hesitant to contact a lawyer because there really is very little money here (currently under $5000 I believe), and he can't afford to pay very much at all out of his own pocket for a lawyer. He asked me what I thought, as a way of deciding whether he needs a lawyer. My instinct is to convince him to see a lawyer with expertise, but I'd like to be able to understand the situation so that I can point him to some resources or go along with him to consult with the lawyer and know what sorts of questions I should ask.

Thanks for any resources or advice you might have

Give Me Money For Someone Else's Stuff.

Gianna — Fri, 04 Jul 2008 05:20:32 -0800

I am my mother's legal guardian. Can I get a loan to pay her bills using her property as collateral? I need to raise almost $3000 within 30 days or bad things will happen.

Last year, my Mom had a stroke. She is pwned in the head and I am her guardian.

I own nothing except a car; selling it is a last resort.

Mom has two houses -- my childhood home and the one she inherited from my grandmother just before her stroke. Because she owns two houses, she is disqualified from receiving any kind of assistance. I am trying, unsuccessfully, to sell the grandmother-house. It is the remainder of the mortgage on the grandmother's house -- $2,673.90 -- that I need to come up with, or they will foreclose.

I am extremely broke; I quit my former job to take care of mom and now work odd freelance jobs for not-enough-money. I was counting on the sale of the grandmother house (it's appraised at almost $300k) to get us through, but it's not happening.

Could I get a loan with grandma's house as collateral, even though I do not own it? I have mom's power of attorney.

If that won't work -- would it be worth it to take one of these credit card offers that arrive in a deluge and pay off the mortgage? I hate the idea of accruing more debt, but things are really damned dire.

Any other suggestions for raising that kind of money speedily are welcome. Anyone know a good pimp?

Is A Health Care Power of Attorney Valid In Another State?

Robert Angelo — Fri, 27 Jun 2008 15:57:17 -0800

I'm curious about what is the validity of my partner's Health Care Power of Attorney when he travels out of state. I can't seem to find much authoritative information when I google this. Can anyone clarify? So we can't marry here in Texas as a same-sex couple, and we probably wouldn't marry even if we could. But we did do the Health Care Power of Attorney, the Statutory Durable Power of Attorney, the Living Will, ad infinitum. These were executed according to the laws of the State of Texas. What happens when he is out of state?

He is currently in Indiana visiting his elderly parents. Today he didn't call, and I worried about his blood sugar (Type 1 diabetic) and other health issues. Then he called in the early afternoon, and we're fine, but I'm still wondering. A couple years ago he had a diabetic reaction and went into a coma when visiting them, and I wasn't called until the next day. That was before his current HCPOA, and now I have both a right and a responsibility to direct his health care if he is unable to do so.

I understand that no one would call me unless they knew they were supposed to. But, at the point that I did learn of a medical condition that would trigger the HCPOA (if he were in Texas) would it also take effect in another state? Would the hospital follow my directions, or would they follow his parents or siblings?

I know you may or may not be a lawyer, and in any case, you are not my lawyer, etc, etc. I would still appreciate any information that could help me to understand what happens in a case like this. What do we have to do to make sure that I am his "emergency contact" and that I am informed and given the opportunity to make decisions, if needed?

Losing Parents

netbros — Wed, 28 May 2008 17:59:40 -0800

My parents are both well into their eighties now with health failing just a little bit more each year. How do I prepare myself for their eventual death? Hopefully this isn't too morbid. I've been fortunate through my life to not have to deal much with death, but I know that time is approaching for my parents. Aside from the obvious sadness and bereavement, what can I expect in the short term following the passing of my parents? I'm looking for help with things like executing the will and estate, liquidating assets, accommodating creditors, etc. They have already appointed me as executor of their estate. For those of you who have lost parents, how did you deal with the immediate grief, but also what was left behind? Thanks so much for your assistance with this sad and hard to talk about subject.

First they take away my tuna fish...

Asparagirl — Sun, 21 Oct 2007 18:04:20 -0800

California legal/medical/ethical question: In advance of my going to the hospital to give birth within the next few weeks, I decided to download and fill out California's standard Advance Health Care Directive form, i.e. a living will (and to have my husband fill his out too, as long as we were at it). However, Google informs me via multiple sources that this form, even if signed and notarized, is "not valid if pregnant". WTF? Some sources, possibly older ones, say that a "living will" and a "health care power of attorney" are (or were) two separate things under California law. However, the only actual form I have found online, the Advance Health Care Directive form from the California Hospital Assiciation, is exactly the same as the one listed in the actual California Probate Code, except more nicely formatted for printing, and while it is considered the former of the two categories, a "living will", the California Medical Association's very helpful FAQ states that this Advance Health Care Directive Form now supersedes the old health care power of attorney. It's the form to fill out for California residents. But if it's also considered a living will, then does the "not valid if pregnant" rule come into effect?

I have not found any explanation as to why a pregnant woman would be unable to declare her own health care preferences, especially since California law goes out of its way to mention that a woman's right to abortion can be neither compelled nor denied, regardless of what her health care directive says.

So:
1) How can I declare my health care wishes in a legally binding manner prior to my giving birth?
and
2) The form is (or maybe was) considered invalid while pregnant? Seriously, WTF?

Power of Attorney: How do I give it to my brother?

mateuslee — Tue, 16 Oct 2007 04:01:35 -0800

How can I give my brother in the US power of attorney when I am in the EU? Well, I’m living in Amsterdam and I need to give my brother in the US the power to open a business bank account in my name (being the sole proprietor). The bank has agreed to let him sign for me provided I get him power of attorney.

Being as I live in Europe, how can I get him this document as efficiently as possible? Not sure if there are forms online for this and/or if I need them notarized by someone (if so, who in Amsterdam can do this?).

Thanks a lot everyone! Sure do appreciate the advice -

How to execute a power of attorney if the parties live in different states?

FergieBelle — Mon, 09 Jul 2007 17:18:35 -0800

How to execute a power of attorney in California? My parents want to elect me their power of attorney. They live in California and I live in another state. If I am named in the POA document, do I need to be there as it is executed and notarized etc?