Eight Power Of Attorney Mistakes
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- Опубликовано: 8 сен 2020
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The power of attorney is a topic that is addressed in every comprehensive estate planning discussion. Given the complexities of estate planning, it is surprisingly easy to make one or more of many mistakes when customizing the power of attorney components of your overall estate planning program.
Here are eight mistakes made when someone attempts to make legal matters simple for trusted loved ones in the event of incapacity:
#1 - Not having a power of attorney
#2 - Appointing the wrong agent
#3 - Not expressly providing certain powers
#4 - Failing to name an alternate agent
#5 - Requiring multiple people to act jointly
#6 - Failing to designate a legal guardian
#7 - Inquiring to your financial institution(s)
#8 - Assuming your power of attorney extends after your death
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com/Paul8
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
Number 1: FAILING TO HAVE ONE! Excellent
2.having a false sense of immediate authority,performing theft,threats, & causing stress from harrasment to sibbling(s) all to find out when everything is over the plane Will land and they are the runway
This is the topic I was looking for today! Yessss!
So glad I found you here on RUclips. I recently assumed the responsibility of POA to my aunt who has no children and I take my POA very seriously and don't want to make any mistakes. There is a fairly large estate involved and to tell you the truth there seems to be "no glory" in the role of POA, just a lot of responsibility that I didn't have prior to becoming POA. Not complaining just saying POA can translate "a lot of extra work". But I love my aunt so I do it with her best interests in mind. So, thank you for the important information you provide here. You've been a big help to me.
Glad to help 👍
Please I need help!! My wife became de sable 6 months ago, she can’t talk, she can’t sign, I need to get money from my 401k to buy a small house for us, but I need to have power of attorney, what can I do?? Thanks in advance!
@@duartejose93 the first thing you need to do is hire a lawyer. He/she will help you do what you need to do to become your wife’s POA.
Sorry to hear of her condition.
Stay strong my friend.
I know this was a couple years ago now, but I’m glad your aunt has someone like you to be able to trust with her estate… Be blessed. 🤓🤘🏽💋🔮⚖️
Well done! Thank you!
This is very informative. Thank you!
Appreciate all the knowledge you give in your videos, Thank you.
Thanks LV 😎
Great information! Thank you!
Thank you for sharing this information. I absolutely need to go back and look at my power of attorney.
You’re welcome Coach 👍
Invaluable information!
Your videos are awesome! Thank you! 😎
Thank you Sir 👍
Thank you
For your guidance!
Thank you SO much for this priceless information!
You are so welcome!
Thank you for this excellent video. Full of valuable information and less than 15 minutes long!
Thanks for the Information.
Glad to get a basic introduction with this issue.
Thank you
GREAT INFO THANK YOU
Thanks again , have to think my joint
Power again.
thank you
Hello thank you so much for this informative video, I just need clarity, so are you saying if you have the power of attorney you also need to apoint someone to have guardianship as well
Solid ty
Liked and subscribed
My dad & uncle bought over 10 acres dad started building barn housey. Both wanted there kids living on properties. My sister put property in her name to get loan to build her house, my house was suppose other 1/2 barn house. Sister was suppose to get lot split, she lied and said lot split got denied several times.lieing to our father for years. She gets power of attorney and never put 1/2 property in my name. Sold dads stuff while he was alive in rest home, he died went to property and everything gone, even vehicles in my name. Dad had 1919 model A, 72 El Camino, 85/88 VW pickup diesel and bustleback Cadillac all rare stuff. That just a small portion of his stuff. She sold everything. Never went to probate in CA I didn't even get a piece of string/rope nothing. Vert hard to find attorney with no money. I'm homeless for a lot of years because of her
Dad died almost 2 yrs ago still not buried where his parents are she's not ready and she is moving out of state next week. Do you have any suggestions, tearful and just in total belief she could be this way
We had same parents. I'm her only siblings. Because of her greed on other issues both of her kids don't talk to her. All different issues.
So sad, and so unfortunately common.
I almost made a big mistake by not hitting the like button👍
Thank You for doing this! I am hubby’s POA because he’s had 3 major strokes and has Dementia and Alzheimer’s!
Well done. Good luck with hubby! 🙏
I have a question on how to handle a situation where the financial POA refuses to provide necessary financial resources to the medical POA for the care of the family member (MIL - dimentia). My brother in law (Financial POA) has recently stopped financial aid breaching the contract. Any advice would be so appreciated.
Thank you for the informative video! Just a quick Question: Can the designated Power of Attorney make changes to the will or to the trust of the estate when the property owner is deemed incapacitated?
I saw you can not change a will but I am just beginning to find out about POA.
Nice shirt!
My husband is incarcerated and has made his mother power of attorney. Our house was up for forclosure auction and I heard it was sold but I have not gotten any kind of notice yet. His mother just gave me less than 24 hour notice that she is coming to take everything out of the house. Appliances, furniture, etc. He owned all of this before we met. But even still, we are still married! And there has not been a divorce filed. Before this, I allowed his parents to come over to get some of his things from the garage and they stole several items that were mine and when I informed them to bring them back, they never did and since then have came and gotten more things without my persmission. Can she legally take everything out of the house while Im still living here? I also have our pitbull and we do not have anywhere to go right now.
If a financial institution refuses to recognize your legal power of attorney do you have a legal recourse against them?
that's crazy just like the tax maze
What happens if you cancel a POA. Apparently some places will still view the stamped paper document. Would financial institutions accept it at face value, even though it has been revoked?
My current company sing up power of attorney so if i change my company without informing current company in this case can happen anything? In Poland!
What does it mean to "compromise a matter"? 5:00
can the agent cancel or back out of a contract the principal entered into when the principal still wants to honor the deal and has not been ruled incompetent? can the agent "overrule" the principal simply because the principal is incarcerated and can't be present to object?
After having listened to probably most of your videos, one thing that seems unclear to me is that financial institutions can play often times , by their own rules even though attorney documents are legally and properly written. I reside in Kansas and it seems to me to be a one way street in favor of the banks . Are they not regulated in some fashion when it comes to working with their customers ?
Good question DM. Sometimes it appears the financial institutions live by the Golden Rule - “He who has the gold makes the rules.” 🤑
Hello, Diane, I to live in ks. and have began the POA process for my mother that recently entered assisted living, with dementia getting a strong grip. I was wondering if you found a solution to the banks failure to honor your power of attorney?
Banks are easy... Just have your name added to the bank accounts as a joint account holder... Your POA actually gives you the Power to do this ''while'' the original person is still alive... You may then transact business as they would have....
Robbing someone intentionally to try and force a OOA is disgusting and greedy.
I know of a executrix that has power of attorney of certain heirs an is abusing it for her interests
What if I don't want to be a agent power of attorney for any body but they put you on there without knowing about it and they passed away.
Hi Paul
Can please make a video for a person with no child, no one to truth, but has some people who want to leave things for.
Is it creating truth is a wright thing.
Thanks 5:59
Good points. Yesterday the Title company lawyer said that I could not use my Power of Attorney to sign for the settlement on the sale of my mother's home because the home was listed in the Trust and that I did not have POA for the trust. So I had to drag my 88 year old, legally blind mother to the closing and carefully point to where she had to sign multiple documents. I have an eight page registered POA prepared by a lawyer that says I can sign on my mother's behalf and this title lawyer says I can't because of the trust. Do you think this is right?
He discusses this in his 'will' video, I think.
It's not nice, but trusts and stocks, e.t.c will only go to the named person/s regardless of POA or will!
I don't understand how/when power of attorney kicks in. I would only want it to be used if I were incapacitated. Power of attorney is a lot of power to give someone and it makes me very uncomfortable.
Mr. Rabalais, I'm in CA and I'm listening to every video as they come up; you sound like you are very informative. Thank you for sharing this information freely. My concerns are how your info applies to CA rule.
I've been named Executor, Successor Trustee and have a "General Durable POA". Dad's bank didn't like the POA wording, another attorney looking at his Trust didn't like the whole thing, too many holes. Dad just asked me to go talk to another attorney to get it fixed. Dad is in So Cal, I'm in Nor Cal. I can get mobile Notary work done, but am concerned all around that it won't hold for what he wants done. 1. Would you recommend an in state fellow attorney, 2. Could I ask questions of you re his house which he doesn't want to go to his current wife?
Thanks so much!!
Can any one see the power of attorney document at the court house?
I like hearing you , cause I'm in a mess fright now and where I live you can't get help they say they can't find my daddy's well. So my mom and dad is passed and my half sister got her dad to give it to her. It's a long story , but just need a little help can he do that when his name was not on the deed , it was the house cause mom was going to lose it and I had to sign to get it on that deed,and she had that deed added to the house deed and his name was not in that deed how can that be. I'm not getting nothing my dad paid for cause she's got it all I can't even get a picture are go in that house. I just think it's sad that a person can do that get away with it. But I love listening to you tell things. I'm still trying but hadn't got their yet and the lawyer I got her at home hadn't even looked for my daddy will. If I had to sign to ad a name do I have any say. Then my step dad didn't make a will . it said something bout a$ on the paper she done up cause he didn't do it. She's so sad and grette ! Thank you keep talking I love to hear you .
I live in idaho. I want to leave my 3 kids my home. I made a will with legal aid. How do insure there will not be $20, or $30,000.00 cost for my kids.
What do I do if I suspect my brother is taking advantage of our mother's money??? Please help me. I live in Northern Va. and mother lives in Tampa. Brother is estranged. Long story but can you recommend lawyer that I can call and willing to pay for a consultation.
I didn’t realize the power I had. I thought my stepmom needed to be determined incompetent for me to use it. So she died with no will and I am a step and think I have no claim.
POA gives you total access to insurance banks title of home. In MO I personally know of a case a daughter with temp POA wiped out the father including all investments home title etc. While FATHER WAS ALIVE. I had no idea this is possible without death cert proof. But it gives you total power once signed BE CAREFUL
My mind is all over the place, thought I had my s**t together. My mama just has a home and should be easy breezy. But omghh, I can not even get her to write a WILL. Barely Power Of Health at age 80.🙏😥 Still working now in this as well, and starting to worry about own POA. Because these younger Millenniums, seem to have anxiety and depression. I'm stressing for who I can pick for me, later in life🙈 Sorry not sorry.... Millenniums
URGENT..what if a person from hospice acted and witnessed the poa while the person was capable of talking, told the family where to sign and we were set, then calls back and said it was done wrong even though they were the ones who told u where to sign and how to do it?? When they told u "its wrong" the person can no longer sign. WHAT NOW rights do I have and is that a lawsuit!
And powers of attorney can abuse their power, too! Never forfeit your right of self-determination.
Me and my brother have living trust and power of attorney. my brother is listed first and then my name. he never contacts me for my mothers concerns or spending my mothers money. when I text or call to see how my mothers doing, no one will answer phone. how should I proceed. can I doing anything legal to stop my brother. her house is a quitclaim deed to me and my brother.
We want to appoint our oldest daughter as power of attorney but she lives in Arizona and we live in Wisconsin is that a problem?
No, not a problem. Where the people live doesn't matter. I have PoA for my older sister and we are 2000 miles away.
So having been active duty military for 20+ years with a 21-year marriage overlapping that, I've executed many powers of attorney (both general and special) over the years. Now being divorced and subsequently remarried, should I have an attorney draft an instrument specifically revoking all powers of attorney prior to my divorce? Because frankly, for those 21 years, I implicitly trusted my spouse and mother of my children, but now I don't know what she might still have in her possession.
I hope that since you posted this a year ago, you have already sought legal counsel and tied up this loose end!😅 If that’s not the case, I would definitely consult with your attorney to ensure there are no nasty little surprises popping up in the most difficult situations. If your original POA (w/ex) didn’t include a revocation clause specifying an expiration date/expiration in the event of [divorce etc], it would be prudent to cover your bases! It might have been included in the divorce filings that any legal claims by Ex were void upon the judgement of divorce [or similar wording], depending on the laws/procedures in your state & the thoroughness of your counsel. Good question, & I’m sure many other people have asked/will ask this as well. 😅🤷🏻♀️
Glad you found happiness with your new wife! Stay safe out there, be blessed.🤓🤘🏽💋🔮⚖️
Hello I’m just trying to refinance my auto loan through capital one in my own name and take of my co-signer on the loan , vehicle registration and title they send me a limited power of attorney car lien registration then the 2 limited power of attorney what should I do? Because they gave me 3 different stories on how to take a person off as a co-signer , and vehicle registration and title . I looked at my title tracker on capital one . My co-signer name is on top of my name now on the title after I’ve faxed the notarized paper work I reside in Georgia. I’m so mad because I sign everything that the capital one agents people told me to sign to get his name off of there and keep my name on there the limited power of attorney paper they sent one and told me that it’s required what was asked for on the paper was state , county , registered owner and address then it got all these other people names from capital one then the second limited power of attorney paper it ask “let it all be known that such and such who resides at this address “ then it say “as his or her lawful attorney of fact to execute all documents required for only one purpose to execute and transfer or changing lien holder . They said me and the co-signer have to sign that paper work to get him of as co-signer . My name was the only one on the title on my title tracker from capital one but as soon as I faxed the papers over his name popped up on top of mines on the title for registered owners but it rejected the documents . What to do ? I reside in Georgia
A friend just asked me, but she has no real assets. I don’t know if I want the responsibility if it will be just a headache with court cases and her big debt obligations
I am new to this, but POA is not responsible for any debt.
My father made sign POA when I was a kid 16
Now he put that on ROTH retirement account
It sucks grrrrr
He is a control freak !!!
What happens when the attorney represents both the trustee and the sole heir and the trustee mismanaged the trust. Does that seem like a conspiracy to commit fraud? What can be done about this situation? Is it a conflict of interest?
Good question, good point.
I love hearing you tell what can be and can't be, I have ano t her ?? To ask you my mom & dad had a house build and my dad and mom paid for the the house, my daddy left a will that the house and all went to mom but she couldn't do anything with none of it without us signing , so she my mom signed and put the house up to help my brother get a place to live so he didn't pay for it and they wouldn't let my mom pay it cause she got SS check and didn't get much at all 200$ a month . so she come to me and ask me to sign to put the man she remarried and that she would fix it and she had a stroke and I lose my mom , so now that man has passed and sign hiring it all to his daughter and they had 2 different deeds and his name was not on it the man she married so his daughter goes and added it to the house deed. She's getting it all. How could she just add a deed that deed to the house deed when no one name is on it but my mom's . and daddy's. They at count house said they can't find that will my daddy left and her dad didn't leave a will. I just think it should be spilt with us all kids and not just here get it all. I've got a lawyer but he's not unknowing what to do he's not looked for my daddys will, and they say it can't be found, do they do away with deeds? Please if u think I have a chance to get that ine deed give me a little on how that works , cause you know what your talking about. I found the deed my mother give it to me to have if they tryed to do this so I could let them see , I called the VM court house when I found it and they seen then , they tel me to get my name on it and it wasn't in her name . but I told that lawyer and he said the court house shouldn't told me that. They didn't know what they was talking bout. If the court house don't know who does, if you can talk bout that I would be so grateful to you. Again I really glad I found you. I have that deed and she my half sister got it all. I can't get nothing out of house and go in it without a fight with her . please talk bout something like I'm going though and her dad didn't leave a will. I just think the right thing to do is half it all between us all 4. I have 2 brothers that's not helping me , but I and it's killing me to see her her greete seft get it all thank you so much for losing to me.
I was told probate was just changing the house into my 3 adult kids??
My question is that my sister got my dad sign her as POA and after his death she transferred his bank accounts and transferred most of his vehicle titles into her name. This seemed misuse of her POA, since we a both Co-executors. I asked for the bank statements and she said it was in her name. She did have a reason, but I still think it was my dad’s estate. I’m struggling with this.
POA terminates the moment the principal passes away
yeah, she is no longer POA when person passes. I don't think she can do that. I am new to this POA stuff
Does an irrevocable POA end after death?
I am new to this, but I read POA ends at death.
Can A Power of attorney put The finances of the person they are working on behalf of into the power-of-attorney’s bank account without them knowing And hold onto their money.
I would think if there"poa" ' name is on there check as joint account then they can do pretty much whatever they want w/ the $
Hello,
I hope all is well with you. I’m giving power of attorney to another adult for my 16 year. Am I allowed to stipulate communication with my child in the power of attorney. As well as being a part of all his schooling, medical, sports,etc? I would greatly appreciate it if do you have time to answer this question. Thank you for your time and consideration. A~
An actual trust for your child should be set up and a trustee selected... Even though a POA might work, if you want things spelled out and there are other assets, then a trust it should be....
MISSING Funds
my parents made their long term criminal son, their poa!
My mom has offered my her oldest son power of attorney and she cannot make withdrawals or purchases without his permission he hides her debit card and will not let her purchase what she desires
That's horrible and elder abuse. She can revoke the PoA at any time and doesn't need his approval. You draw up a similar document that says "On this date, I NAME of sound mind, revoke the PoA dated X naming Y." Get it notarized if you do it yourself. The next hard part is taking it to the bank and other places he may have filed it to show that his version has now been voided. Often times, banks will not accept one you create but only use one of theirs.
It's a too common problem and so nasty to deal with. There are elder care attorneys you can contact too.
Your power of attorney has all of the same powers and abilities as you do after your death!
Hi my fiance got Gillian Beret syndrome and I took her to the hospital and I went to work her mom got her from the hospital has a power of attorney which I cannot see because she won't show me cut the utilities in our home I have no agreement with her it's her house her mother lives next door in a subdivision I know that's odd but it's the truth and the houses are paid for so our bank account gets cleared she cuts the utilities she sells the cars puts her house up for sale tries to evict me you can't evict anyone right now so she put out a abuse protection order one for her and one for her daughter my fiance when she cut the utilities all the food in the freezer the deep freezer rotted there's cockroaches and she took the trash can so I cannot put trash in the dumpster and then she's kept every piece of mail that I get to put the cherry on top she took my fiance's phone whenever I told her I was getting a lawyer and since we have the PF a we can't talk she's paralyzed so she can't do anything she wants out of it she can't write her mom a letter saying she wants out like the state says she can't ask anyone for help she doesn't want her mom to get in trouble and either do I she's just a gold digger it is what it is she called me the n-word she got me fired from my job and I'm currently sleeping in a stolen vehicle that I worked hard to pay for our tax return she took it GoFundMe has sent her over $50,000 and my fiance is eating TV dinners I know what to do everywhere I turn DHHR told me that they don't do stuff like this and our kids are being taken care of no question about that we have for I have not been able to see them they're not biologically mine but I've raised him since newborn and her mom is upgrading our house not working anymore basically living off the land once again I don't want to get her in trouble I called the police whenever they took her phone and my fiance was scared the police did nothing they didn't even ask her if she wanted her phone back she just waves is power of attorney and I don't know what to do during the PF a hearing she's going to represent her daughter I got to hear from my fiance that she wants out of this and she does not want her house sold she does not want her mom doing anyting with her name attached I'm running out of time any suggestions could help me all anyone says is they can't help me that's the story of my life I've done three $500 consultations just to hear I can't help you she has me living in hell and slandered my name so bad that my friends believe her I know if I get the p f a serve to me which I have not I'm going to have court in 10 days which is not enough time for me to hire a lawyer that's all it's about is money money money and I've worked my whole life to have my savings wiped no One believes anything oh and to top everything off she took out a mortgage for $280,000 her boyfriend has a new Rolex and a brand new truck she has a brand new Mercedes I'm sorry this is so long like I was saying we've lived in the house for 5 years and her mom is always threatening her house because both of the houses are in both of their names they were left to both of them so neither one could sale the judge just wants to hear about this abuse protection order probably not my life story just if I'm guilty of that and that's that when I want to say everything I'm saying right now but she has a gang of lawyers that are going to object to everything that is irrelevant to the task at hand I actually have a phone number that she created on her son's laptop that she sneaks talks to me on and she is is scared I mean the lady pawned a $6'000 ring and 1600 necklace that have both been in my family for a hundred years I know the prices because I got them appraised at a pawn shop and that's what they were offering so I know they're worth way more it doesn't end this is 25% of the story I thought about making a GoFundMe for myself I don't have the mental state to do anything I've tried working I've tried a lot of things it's like my focus in my spirit is broken the next step for me is being a bum I want my fiance back she's my everything and no one will listen to me I just can't focus my mental state is horrible and I checked into a asylum I guess you would say for two weeks and they told me that I just worry too much and to move on she's not getting her treatment either her mom did away with my BlueCross BlueShield and put her on Medicaid and they won't pay for anything she gets to see a therapist once a week and what's happening is it she's going to never be the same like her bones and nerves like when you're in a coma and your phone start the twist and do weird stuff like her mom is killing her she took out like a million-dollar life insurance policy I can't make this stuff up I can prove so much of it I even have audio of her aggressively snatching the phone from her she can hold a phone with her left hand barely and that's how we were talking on speaker help me please 🥺
My niece cheated me out of my inheritance by saying she was power of attorney and she had that right to do it
POA can not change a will.
How long do I have to fight it ? My mother died 2 yrs this June 13
@@tammyrommel712 I'm new at this, but a POA has no rights to do anything once the person passes away. I would think you still can fight it.
My dad put some 27 year old kid in charge of my inheritance made him power of attorney I think this kids going to screw me over my dad already give this kid that camper that was supposed to go to me I don't know what the deal is I think I'm going to get screwed out of everything I think I should hire a lawyer what do you think I figure after my dad is gone I guess I can say what I want to this kid I might just walk away and tell him you can pay the taxes and everything I'm my dad's only son my whole life this guy has put me on the back burner put everyone else first I can never do good enough for this guy he never graduated high school I graduate trade school and high school but for this guy is never enough I met this kid that's a power of attorney this kid is a hotshot thinks he's better than everybody else he has that attitude and I think he's a big scammer.
... i am your best friend, but I have to tell you that your Nostril Hair is very distracting,, God Bless
I like it.