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You cannot "get" a power of attorney, your mother would have to agree to give it to you, in which case she would sign a form appointing you as POA. There are specific legal requirements for such a form and it is probably best to see an attorney.

Since this is posted in the disability category, I'm going to assume that perhaps there is some reason to believe that mom may have some mental impairments that lead the questioner to want to become POA. If that is the case and the impairments are severe enough, then mom is not competent to appoint someone as POA (or make any other legal decisions). The correct procedure there is to apply to the court to be appointed as her guardian or conservator (name and procedure varies from state to state). Again, probably best to see an attorney.

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12y ago
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9y ago

The will only applies after her death. Yes, someone can obtain a power of attorney over her through due process in the courts.

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9y ago

It is certainly possible to do so. They apply to the court and ask to be appointed.

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Q: How do you get power of attorney over your mother?
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My father has power of attorney over my mother if he dies does it transfer to his executor?

No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.


Can you legally stop a financial decision by your mother without power of attorney?

You must be a court appointed guardian to over-ride your mother's decisions. A Power of Attorney does not give you that type of authority.


Can you get power attorney if your mother still know you?

If your mother grants you the power of attorney. Otherwise it will require a court order.


How do you get added as a dual power of attorney along with your sister who has current Power of Attorney for our mother?

Your brother cannot be the 'power of attorney' for your mother's estate. A Power of attorney is extinguished upon the death of the principal. If your mother has died then your brother has no more authority over her property. In order to obtain the legal right to manage her estate you must apply to the probate court for appointment as the personal representative of her estate.


How can i file for power of attorney over my disabled mother in California?

Power of Attorney Forms are not filed with the State, instead you will have to download or get a form, have it signed by you and your mother in front of a public notary. You can find a public notary at every branch bank in the United States.


Who has the power to over ride power of attorney?

A POA expires when the principal dies. They have no power over the estate or the beneficiary.


Can the mother of your adopted niece revoke a power of attorney?

People can dispute whatever they want. But, assuming the power of attorney was for you if you become incapacitated or incompetent and named your mother as your power of attorney in that instance, she'll lose if she disputes it. You can name whomever you want as your power of attorney and no judge anywhere would rule otherwise.


If I am the sole executor of my mothers' will does my sister who has power of attorney have to turn my mother's assets over to me?

Yes. The POA expired at the moment your mother died. Your sister has no power over your mother's assets. You need to petition the probate court to be appointed the executor. Once you have been appointed you will have full authority over your mother's assets and the settling of her estate.


Your mother and aunties have power of attorney over your grandad and are going to put him in a home how could he get it back and give it to you so he could live with you?

He can rescind the Power of Attorney, depending on how it is worded. He should speak to a lawyer, preferably the one who drew up the Power.


Can you use a power of attorney to buy a funeral policy for your mother?

In most cases it is possible. Unless there are restrictions in the power of attorney document.


If I am injured, can my mother sell my house using a power of attorney form?

This situation is exactly what the power of attorney is for. It is a written document which gives others control over your personal affairs if you are unable to do so in case of injury or other incident.


My father signed his power of attorney over to my step mother's niece and deeded their house to the step mother's niece What rights do I have as my father's only child?

The right to complain to your father.