Hi, Alex -
Yes, that seems to be the precise intent. The concern is that the power of attorney seems too vague - language like "anything we need to do". Is that customary/expected?
Relist: Incomplete answer. need further clarification/reassurance
Durable power of attorney seems to be too big a stick to ensure fee payment. Could the same assurance be achieved with a non-durable power of attorney?
Does the signer have a way to revoke/cancel a durable POA? How about a non-durable?
I will send details when my ex returns from her doctor appt.
Here's the POA text:
...my true and lawful attorney for me and in my name place and stead and for my use and benefit to cash any and all workers compensation warrants or checks concerning claim <number> for the purpose of deducting attorneys fees and costs.
I <name> give to my said attorney(s) full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to the execution of the powers herein granted as fully and to all intents and purposes as I might or could do if personally present. I hereby ratify and confirm all that my said attorney or a member of the law firm shall lawfully do or cause to be done by virtue of this power of attorney. This power of attorney shall not be affected by disability of the principal and shall otherwise continue in full force and effect until revoked by subsequent writing.
Also wondering whether the revocation process should be clarified. This is all said about it. Is there a legal default?
Thanks very much!
I believe this clears up my concerns. I feel much better about my ex's transaction.
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