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Recent Power of Attorney questions

My husband and I got some calls from a company which sought

My husband and I got some calls from a company which sought to refinance our car. They are offering lower interest and overall less debt. But they want us to send them a notarized Power of Attorney -- one for him and one for me, which I'm not sure is usual. There is nothing in this document which says that will not simply take our car because they want to. (Not that it's worth all that much, but still...)Can you please look at the document and let me know a) if it's a "normal" document for this sort of situation, and b) are we protected from them doing something untoward using our PoA?Thank you.

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Ely

Counselor at Law

Juris Doctor

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62,860 satisfied customers
Are cell phone text messages admissible in a court hearing

Are cell phone text messages admissible in a court hearing that would determine if power of attorney abuse was occurring?

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Kim Courtney

Principal Attorney

Master's Degree

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3,904 satisfied customers
My brother lives in my dads house and has been making

my brother lives in my dads house and has been making payments on it for several years. He is no longer able to make the payments and wants to give the house back to the bank. My dad is disabled and unable to make the payments either. I have power of attorney, will they come after me if payments are not made?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,610 satisfied customers
My brother is the health care proxy of my 86 year old Dad

My brother is the health care proxy of my 86 year old Dad who lives in Buffalo. Does he have the power to move my Dad from independent to assisted living against my Dad's wishes?

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William B. Esq.

Attorney

Doctoral Degree

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19,020 satisfied customers
SHORT VERSION: What does it take to get someone declared

SHORT VERSION: What does it take to get someone declared mentally incompetent, and have her finances controlled by a 3rd party?LONGER VERSION: My 94-year-old mom just got an eviction notice from her Assisted Living (in NY) for smoking (repeatedly, ongoingly) in her room. Before moving in, she signed a contract acknowledging that smoking was forbidden on the premises and that she would be thrown out if she smoked, and that she promised not to. She doesn't think rules apply to her, generally, or seem to care what anybody thinks about her (she's nasty and demeaning to everyone around her; she refers to employees at the facility as "slaves"). She's clinically depressed (and seeing a shrink and being medicated). She doesn't hear, has trouble writing, and can't manage her check book (my sister does it for her). But other than that, she's mostly sharp as a tack – and VERY good at spending large sums of money on frivolous purchases in the attempt to make herself (momentarily) happy. MY QUESTION: can I have her declared incompetent before she goes out and spends all her remaining money (yes, inheritance for my sisters and me) on yet another new home?

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Kim Courtney

Principal Attorney

Master's Degree

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3,904 satisfied customers
Is there a statute of limitation on receiving monies from a

Is there a statute of limitation on receiving monies from a will that were willed to you but the power of attorney used them for other reasons and sold willed property without your permission or signature at less than market value?

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Gerald, Esq

Juris Doctor

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4,918 satisfied customers
My partner is in the Army at a camp in NY. He froze s

My partner is in the Army at a camp in NY. He froze his financial accounts before he went to Afghanstan. He is currently confined to camp by military order. He needs to get to his money to pay his fine before they will release him from duty. Will a power of attorney form work to get his accounts opened and accessible?

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AttyHeather

Attorney

Juris Doctorate

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634 satisfied customers
My father is in a hospital in Chicago, and I live in

My father is in a hospital in Chicago, and I live in Minnesota. The nursing staff is refusing to give any updates stating they are only allowed by law to give updates to my brother who is my father's medical power of attorney. Is this the law?

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Loren

Juris Doctor

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35,500 satisfied customers
Father is 78 yrs old. had stroke in February 2012. oldest

father is 78 yrs old. had stroke in February 2012. oldest son was there to set up in home care for father. was told he had legal guardianship over father. in november 2014 father stated that his money was depleting didn't know why. took father to bank got 2 yrs of bank statements. father was scared to confront oldest son. the amount at that time was approx. 40,000.00.his son had set up banking transfers from fathers account to go straight into his account. was again told in October of 2015 his son had power of attorney over his father. December 1 st 2015 his son passed away. since then his niece has been auditing and balancing his checking account (mainly for tax reason). it shows that over the 4 yr span his son got approx. 125,000.00 from the account.Have also since found out it was just smoke being blown regarding the power of attorney. contacted bank regarding the transactions. They said file police reports get them a death certificate and they will look into it.My father states that he never gave anyone permission to set up and take money out of his account accept to pay his bills. ie utilities groceries and medications. The bank says they will not be responsible for any fraudulent charges because of the time that has lapsed plus they say they have records of speaking with him. id this true or an we hold the bank responsible?my younger brother and I now are trying to figure out how to financially assist my dad with all the funds missing.

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Loren

Juris Doctor

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35,500 satisfied customers
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