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Power of Attorney Issues Answered

What is a power of attorney?

A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matters. The person authorizing the other to act is the principal, grantor, or donor (of the power), and the one authorized to act is the agent, donee, or attorney or, in some common law jurisdictions, the attorney-in-fact. Many times the legal implications of granting or receiving a power of attorney can lead to legal questions like the ones answered by Experts below.

If someone is power of attorney in the family can they get paid?

Normally, a power of attorney is not entitled to any compensation, unless it is considered reasonable reimbursement of money spent out of pocket by the person receiving the power of attorney.

In the state of Georgia if someone is power of attorney over their family member, do they receive a fee for what they are doing, and how much would the fee be for?

In the state of Georgia there is no law that specifies what the amount will be. The amount is agreed on and should be written in a contract. Normally if there is any fee at all, it is a reasonable amount, and only to reimburse for the time spent and to cover any bills or errands done for the family member.

If a power of attorney of a person with dementia what are their rights if someone is taking advantage of the mentally ill person?

Usually the power of attorney needs to file a criminal charge against the person taking advantage of the mentally ill. Also, as the power of attorney they should call the bank and notify them of what is being done so they can put a stop to any monetary misappropriation. If the power of attorney does not have guardianship over this person, they can consider getting an attorney to appear in court and petition for legal guardianship. If the victim cannot make decisions on their own, then you could consider putting a restraining order on the person that is being charged.

How can someone remove themselves from being co-agent of health care if there are other people that are capable of the duty?

There are no legal steps that need to be taken, simply talk to the other people involved and notify them that you are stepping down from this duty and you are leaving it up to them.

How can someone extend the right to be the power of attorney if the person is injured severally?

The power of attorney cannot be extended if the person grating the power is not able to sign the documents. However, you can go to court and explain that the person granting the power is not able to sign the paper, and cannot make any decisions independently. The court may order conservatorship or adult guardianship under such circumstances. Dealing with your own personal business can be confusing, but when you grant someone the power of attorney or become the power of attorney on someone else’s business it can be add to the legal complications. In such situations, it is best to be best informed about your rights, duties and the legal implications of your actions. When you aren’t sure, it’s always best to seek Expert opinions or consult a lawyer.
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