Power of Attorney Explained

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  • Опубликовано: 15 янв 2025

Комментарии • 237

  • @shimmerysparkles123
    @shimmerysparkles123 Год назад +15

    Oh boy. This video is very valuable to dysfunctional families like ours. Please make more videos about this and related topics. I'm glad you mentioned that they could get POA and still be breaking the law because my brother has insinuated that he will "take over" my parents accounts and pay on the bills he chooses. The problem with this is that my bro lives in another town. I'm living with them, we share several accounts and credit cards. For him to visit from out of town and basically dance around saying he's going to do WHATEVER he wants to do is threatening harm without even asking questions. He's over stepping his boundaries and my mom needs this restriction the most but my dad is the one being steam rolled. My dad doesn't want any arguing and unfortunately that's all we're doing.

  • @JimNicholsMotorManiaGarage
    @JimNicholsMotorManiaGarage 2 года назад +20

    Going through this now with my 80 yr old mother. Thank you for making this video.
    God Bless you!

    • @GoldKingsMan
      @GoldKingsMan 3 месяца назад

      My dad wants me to have one.

  • @E3Truth
    @E3Truth Год назад +41

    My brother wanted to go home from a hospital stay. His POA forced him to a nursing home supposedly for rehab. He contracted Covid there, recovered but was still positive. He wanted to go home but again she sent him to a Covid NH for rehab which he never received. I told her to give me POA and I would get him home. She told the NH that I would be taking over POA. They told her to revoke her POA. I took my POA papers to them and they said, "no papers in the building and he's not signing anything." So they gave him the SLUM's TEST and told the Dr. to sign the evaluation form because they family was fighting and had no plans for home care which were totally false. So they declared him incompetent which he was NOT. My brother was crying, pleading, and begging to go home. He fought them to go home so they drugged him. They went to court to get guardianship and they told so many lies to keep him. The Dr. said he could go home but "they would not release his patients because they needed to keep their beds filled for payment!" They put a restraining order on me so I could not talk to my brother or the Dr. They prevented the Dr. from testifying. As a result of laying in a bed 24/7 he had many complications including an unstageable bedsore infected to the bone. He suffered for Covid money. Two attorneys did nothing for him. One charged 2,500. I'm doing a documentary about how he suffered being held hostage, kidnapped, slavery, false imprisonment, unlawful restraint, and trafficked. Trafficking means hold a person against their will for profit. The title is, COVID FRAUD FROM NURSING HOME TRAFFICKING!

    • @siobhanmurphy9605
      @siobhanmurphy9605 Год назад

      This is awful, how I'd your brother now?

    • @FuttBucker42069
      @FuttBucker42069 Год назад

      I can't find it

    • @hellskitchen360
      @hellskitchen360 11 месяцев назад +3

      What a horrific ordeal, so sorry you and your loved one are going through this. Greed is an ugly monster.

    • @DJRenee
      @DJRenee 11 месяцев назад +1

      So what needed up happening?

    • @yevgeniyzharinov7473
      @yevgeniyzharinov7473 9 месяцев назад

      Reminds me of my grandfather when he was in post acute care. Read my review about Kennedy Care Center on google.

  • @wendycarter7383
    @wendycarter7383 11 месяцев назад +3

    I pointed my daughter durable power of attorney bcuz I totally trust her & she always put me first. Thanku for ur valuable information & we look forward to more videos where u share an abundance of info. 😊

  • @TerryProthero
    @TerryProthero 2 года назад +15

    At my bank, you can fill out papers there, or you can bring papers from your lawyer. In either case, the papers go to their legal department for approval. And then the power of attorney can be listed on your accounts and has authority to access them. You can also set up a beneficiary for when you die. And that can be the same person or a different person. Doing all this ahead of time solves no end of problems. But as mentioned here, a power of attorney could clean you out if they are unscrupulous. So you need to be extremely careful about who you choose for it. Sure, they would be breaking the law and could go to jail for doing that. But your money might be gone before that happens. The other thing to keep in mind is that a financial power of attorney is different than having a joint account with someone. With a joint account, both people have access and are co-owners of the account. The money legally belongs to them both, and neither of them can be removed from the count. A power of attorney has access to the account but only for the limited purpose of doing things on your behalf. They are not an owner of the account, and they can be removed from the account at any time by the owner. The other thing to consider is the scope of things you want the financial power of attorney to handle. They might have access to your accounts, might be charged with dealing with your personal property, or a number of other things depending on what options you choose on the paperwork.

  • @aristotleandon7290
    @aristotleandon7290 2 года назад +5

    Thank you for this terrific video. I am using my son‘s legal employment perk services for estate planning. As a result, I do not have access to extensive give-and-take with the attorney preparing the documents. Your videos seem to be filling that gap for me. I am in the process of preparing a general POA. I am divorced and 79 years old. I am using an attorney. I am designating my oldest son and granting him authority on all matters as the agent and my much younger son as the successsor agent. My older son is trustworthy and informed on financial/RE issues and we have and have had a close and loving relationship.

  • @megmedonis4108
    @megmedonis4108 3 года назад +11

    Thank you for this. I'm in the process of doing my estate planning and having a tough time making these decisions. Your video was very clear and well done.

  • @cherylsmith2813
    @cherylsmith2813 2 года назад +12

    Priceless information! To Thank you for sharing your knowledge. Now we need an attorney like you for every state as laws are different in the different parts of the country. God Bless and continue sharing informative content.

  • @steve62933
    @steve62933 3 года назад +4

    Thank you so much I just went to the court house today to record the Durable power of attorney. Bless you Mr.Rabalais!

  • @gabrielnaranjo271
    @gabrielnaranjo271 4 года назад +13

    I wish more notaries knew this stuff. Thank you for putting this out

    • @DarknessFalls29
      @DarknessFalls29 3 года назад +2

      Unfortunately notaries are not trained on this stuff by their Secretary of State--it's not required. They're often told to refer to an attorney. Now if the notary happens to be an attorney, great! Their main job is to identify the signer and match the signature.

  • @sigridselver8094
    @sigridselver8094 2 года назад +6

    Very educational and informative! I want to put a power of attorney in place to protect my properties and personal belongings. So after hearing the information it has opened my eyes and enlighten my understanding. Thanks so much for the information imparted.

  • @mindylemarque5211
    @mindylemarque5211 2 года назад +5

    Great information! Very helpful! Appreciate your service on educating us all. I am grateful!

  • @roberthoering8379
    @roberthoering8379 2 года назад +2

    Great info - Thankyou for the information and clear explanation. Been thinking about this for awhile.

  • @OverflowingWoman
    @OverflowingWoman 5 месяцев назад +2

    Thank you, this was very helpful!

  • @universalseeker
    @universalseeker 2 года назад +4

    Good Evening. I Thank You. I really appreciate you taking the time to educate the process of being appointed power of attorney. Your presentation actually gave me a piece of mind and expressed the importance of the language in this process.

  • @fromjaxflorida
    @fromjaxflorida Год назад +4

    Priceless information. I'm not that old yet but I'd rather be prepared and informed so in the case something happens to me my daughters are not going to a lengthy court process. I know what I want and I've told them verbally but I want something concrete. I have a loving relationship with both of my daughters so trust is not an issue there.

  • @estherzepeda5479
    @estherzepeda5479 10 месяцев назад +1

    thank you so much for all the information my mom gave pow to my younger sister who is from her second marriage and the minute my stepdad passed she asked my mom to be the Power of attorney for my mother now my mothers first marriage is my self my other sister and my brother and when I found out about this my younger sister said I’m only doing this because of our other sister and brother it’s not to keep you out well I’m not full I know she just wants to put all her eggs in a basket so nothing goes to any of her other children only to her it’s a long journey but it’s so sad that families have to go through this so unfortunate that there’s always a bad seed in the family taking advantage of one parent😢

  • @Nisaadam57
    @Nisaadam57 Год назад +1

    I have living trust and health care POA, but today, I found out I still need durable POA
    Thanks a lot

  • @tameralw
    @tameralw 2 года назад +1

    AWESOME! Love your honest advise vs the Ambulance chasers. Kudos to you!

  • @peterstanghellini393
    @peterstanghellini393 2 года назад +2

    Thanks this was very informative. I am getting ready to get this done for my mother. I didn't know about the fact that it stops when the individual dies.

  • @Latasha-rl8ch
    @Latasha-rl8ch Год назад +1

    Thanks this was so informative

  • @jasmom67
    @jasmom67 4 года назад +3

    Thank you, I didn't know anything. Now I'm over 73 and will get one put together soon!

  • @marcycodyrnbsn3054
    @marcycodyrnbsn3054 2 года назад +2

    Good info. I should have done this a long time ago. My husband was just diagnosed with dementia and is in denial and being scammed 😢

  • @2901nc
    @2901nc 5 лет назад +26

    Also consider in the health care POA that even if someone would be good at making the harder end-of-life decisions, they may not wish to or be emotionally ready to. Have conversations with those folks beforehand. Make your thoughts and wishes known.

    • @TerryProthero
      @TerryProthero 2 года назад +3

      The day my mother died, she told my sister to read the important papers. And then she would lose consciousness. It took a few tries before it became clear what she was talking about. It was the power of attorney paperwork which put my brother in charge of her medical decisions. Along with one of my other sisters, I believe. Likely as a secondary if my brother couldn't fulfill his duties for some reason. But it was definitely not the sister she was speaking to. Which I believe was the point my mother was trying to get across. You need someone who you can trust to follow your wishes rather than their own. So, it's important to choose your power of attorney wisely.

  • @nenatamez6867
    @nenatamez6867 7 месяцев назад +1

    Interesting information!Thank you👏👏

  • @kmac4331
    @kmac4331 5 лет назад +46

    Great information. I didn't know POA ends when the person dies.

    • @nicolekay3047
      @nicolekay3047 3 года назад +4

      I didn’t know that either and I’m wondering what the title is for one to be able to still take care of all things after a loved one passes.

    • @unspokentenacity
      @unspokentenacity 3 года назад +2

      @@nicolekay3047 I as well would like to know because of aging parents. Maybe they have to put you down as beneficiary as well as POA.

    • @mingswanfoo
      @mingswanfoo 3 года назад +4

      In my country, there is Irrevocable Power of Attorney. So it doesn’t ends when the Donor passed on.

    • @MichaelCadenaDadvsCPS
      @MichaelCadenaDadvsCPS 3 года назад +2

      It doesn't if it is a durable power of attorney

    • @courtneynoneya86
      @courtneynoneya86 Год назад

      ​@nicolekay3047 they woild have to be the executor in will if no will than court can appoint a administrator to take care of the decedent's estate

  • @everestusgibbs3502
    @everestusgibbs3502 2 месяца назад

    Very informative. I need to put a least one in place.

  • @marshagallia8917
    @marshagallia8917 2 года назад +1

    Thank you for giving me the general thoughts on What I need to do!

  • @nrrtc4247
    @nrrtc4247 2 года назад +1

    Very helpful and clear.

  • @celiakynoch6937
    @celiakynoch6937 2 года назад

    I have watching every one of your Video. Informative indeed. I am learning from you.

  • @nursemeh
    @nursemeh Год назад

    This was SO helpful! I have an adult disabled son and trying to learn about options.

  • @peteypops
    @peteypops 3 года назад +1

    Called enduring power of attorney in Oz. Great series.

  • @millym9414
    @millym9414 4 года назад +3

    As a notary this was AWESOME info

  • @jacqulynrae9758
    @jacqulynrae9758 2 года назад +1

    This is really good information, I really appreciate it

  • @FollowYah-a2z
    @FollowYah-a2z 5 лет назад +4

    Excellent info! Thank you!
    No designated POA yet but that will change soon.

  • @mayjuly605
    @mayjuly605 Год назад

    Very nice explanation

  • @OhanaRVing
    @OhanaRVing 3 года назад +2

    Do you offer services via online and/or remote consultations?

  • @sofiadiaz4265
    @sofiadiaz4265 11 месяцев назад

    This is a great video , my husband has Parkinson’s desease and we have to make one for the future
    Thank you, very helpful ❤

  • @LakshmisCookbook
    @LakshmisCookbook 5 лет назад +6

    Thank you so much sir, very useful

  • @GK-yk4eh
    @GK-yk4eh 2 года назад +1

    I have a POA and hade to have a lawyer stop it. I was feeling that my trust may be taken advantage of

  • @royhanna1405
    @royhanna1405 3 года назад +1

    Is it ever too late to record a POA

  • @victoriaoshea4865
    @victoriaoshea4865 2 года назад

    Your channel has helped me so much.

  • @jannarkiewicz633
    @jannarkiewicz633 11 месяцев назад

    This was very helpful. My kids are 24, 22, and 20. One acts like an adult... Kinda easy to pick.

  • @mollymoynihan2440
    @mollymoynihan2440 3 года назад +2

    Does the POA have an obligation to family to 1) prove the have POA
    2) keep family informed with financial transparency and medical status information

  • @magob2638
    @magob2638 2 года назад

    Thank you for the very informative video.

  • @shebawisdom7429
    @shebawisdom7429 2 года назад

    Very informative. Thank you

  • @halimentel
    @halimentel 3 года назад

    thank you so much for this very useful information.

  • @albatrossin2
    @albatrossin2 3 года назад

    Thanks for the great info and clarifications, Great food for thought.

  • @davidwillis5016
    @davidwillis5016 9 месяцев назад

    Thanks

  • @arlenny
    @arlenny 3 года назад +5

    Thank you for these videos. I’m starting to get information to become the POA for my incarcerated love one. Is there different steps for someone in a federal prison vs a normal citizen? I hope I phrased the question correctly. Thank you for any help.

  • @naomicreary238
    @naomicreary238 Год назад

    Thank you

  • @salvadorcorrea1928
    @salvadorcorrea1928 4 года назад +2

    If a parson has parkinson and can't sign is finger print acceprable?

  • @Awakendabeast13
    @Awakendabeast13 5 лет назад +3

    Do you need a lawyer? i have no idea where to start? thanks

  • @canocano5480
    @canocano5480 Год назад +1

    Question
    I hold a DPOA on my partner. We entered the DPOA when he started showing signs of dementia.
    Now, his sister has petitioned to the courts for conservetorship of medical, estate, person and finances. Ive held it for going on 8years. And caring for him sence diagnosed.
    Do i have anything to worry about?

  • @ladylaw1292
    @ladylaw1292 4 года назад +6

    Thank you for your videos. I have a question hoping you can assist me with. My ex-husband and I appointed my father as POA for a property gifted to us by my father. I am trying to go through the legal procedures right now with settling the property. In this case here, would it be my father who makes the decision for the outcome of the property, or will it be myself and my ex-husband. I'm a little confused. Thank you in advance for your response.

  • @victoriaoshea4865
    @victoriaoshea4865 2 года назад

    Thank you 😊

  • @iprsonline
    @iprsonline Год назад

    Thank you! Q: is it possible to revoke a PoA?

  • @robertadupree7656
    @robertadupree7656 2 года назад

    Great info! Thank you so much for providing it 😊

  • @courtneynoneya86
    @courtneynoneya86 Год назад

    Is "springing" POA same as conditional procuration?

  • @ricktexas3291
    @ricktexas3291 3 года назад +4

    I enjoy listening and learning. Thank you. What if existing POW is friends with 2 siblings and won't share info. POW appears to favor the 2 siblings and is possibly financially setting them up for their future. 3rd sibling feels left out due to non-transparency. Mother trusts pow but pow appears to be shady and dishonest. What can the 3rd sibling do?

  • @joycejean979
    @joycejean979 3 года назад +2

    Hi great information! I’m signing some paperwork and it says Florida POA (non-durable) what does non durable mean exactly?

  • @Peaches_H_Nyce
    @Peaches_H_Nyce 2 года назад

    Any advice on a non cooperative POA?

  • @MarkAugustine
    @MarkAugustine 4 года назад +5

    Thank You for this! this is a great start to understanding the power of attorney selection.

    • @americasestateplanninglawy1946
      @americasestateplanninglawy1946  4 года назад

      Thanks for your comments MA! 👍

    • @williamhusseyjr1143
      @williamhusseyjr1143 3 года назад

      @@americasestateplanninglawy1946 If a person is designated as executor in a will, but later does not qualify due to health, can a durable POA act as the executor? Even while the executor is also the primary beneficiary of all assets?

  • @cynthiastorer1230
    @cynthiastorer1230 2 года назад

    Thivisious remedies considered wit...w/o dead locks...

  • @bit-tuber8126
    @bit-tuber8126 2 года назад

    Like it, but can't use you from New Jersey

  • @26fairies
    @26fairies 3 года назад

    Thank you so much 😊

  • @becky5599
    @becky5599 3 года назад

    Very well explained do you have DVDs on any or all

  • @desiraepettit4963
    @desiraepettit4963 2 года назад

    How do you find out what is legal in your state?

  • @mickiejanney8732
    @mickiejanney8732 2 года назад

    Can a couple designate each other as power of atty?

  • @fordfan3179
    @fordfan3179 5 месяцев назад

    Can you grant power of attorney only contingent on end of life and will execution. My wife and i recently had a will drawn up and we were given power of attorney documents to sign. It wasnt even discussed at the table when we spoke to the attorney.

  • @nicolekay3047
    @nicolekay3047 3 года назад

    Very informative, thank you!

  • @zmh6105
    @zmh6105 3 года назад

    Great vid, really informative.

  • @dukemalinovic5546
    @dukemalinovic5546 2 года назад

    If you have been appointed POA do you have to be notified that you are no longer POA?

  • @highroller279
    @highroller279 2 года назад

    I gave my sister medical power of attorney when I was in my thirties because I have a sever case of epilepsy. I chose my sister because she and her husband are both responsible and they both have masters in nursing so they are medically smart.

  • @lilyjin7354
    @lilyjin7354 2 года назад

    can power of attorney used in all legal cases?

  • @starbright5449
    @starbright5449 4 года назад +2

    If my mom speaks Spanish does the power of attorney need to be in Spanish or does it need to be in English and Translated?

  • @Victoria-nh9sp
    @Victoria-nh9sp 3 года назад +1

    Thank you, here in Australia my sister in law snichnoff got finacial power of attorney, money gone missing police wont do anything.. Im going to go get it Monday. Elderly abuse isnt a crime in this state can u believe it!

    • @johnbonner5284
      @johnbonner5284 3 года назад

      Poa was given in my spouses family to a brother instead of the wife of they're stepfather, and right off the moment the stepfather died after 53 years they're mother being g married the brother dishouners the mothers wishes! Him and all the other family members knowing what the stepfather wishes were. Sick people in this world that value the material over the liveing!

  • @mariecas70
    @mariecas70 3 месяца назад

    Hi Paul. My mom wants to do a power of attorney and appoint me as her agent to handle her healthcare decisions. How does that work if she has a spouse?

  • @jams2u786
    @jams2u786 2 года назад +1

    Can and will they be LAWFULLY prosecuted, if they commit "THEFT" using the POA?
    If so, who and when would this activity be recognized for criminal investigation?

  • @bibiaali9837
    @bibiaali9837 2 года назад

    Thank you sir for this advice ,first time I am seeing it ,I made a will and both my son and daughter are power of attorney ,I am still alive ,sir does this mean that now they can use that to do anything without my knowing ,advice please ,thank you sir .

  • @JAIMECLIPPER
    @JAIMECLIPPER 9 месяцев назад

    Is DURABLE POA effective after death? What is best once the person is deceased?

  • @paulsullivan5054
    @paulsullivan5054 4 года назад

    What is the difference between a POA and a Will? Which is better?

  • @cludowaxe5294
    @cludowaxe5294 10 месяцев назад

    Thank you for this informative and helpful information. I am trying to help a friend who has been placed in a nursing home against her will. She is mentally stable, but has no one who is able to advocate for her. I have appealed to many services, but since I am not a relative, I have not been able to give the needed help. I am looking for an advocate for my friend. Thank you, again.

  • @theresaeberger6657
    @theresaeberger6657 2 года назад

    Thank you for this great information. Can you also say something about the documents needed if the Ltd POA is given to a business to conduct a transaction?

  • @michelles1517
    @michelles1517 2 года назад

    Does another power of the attorney override an old one?

  • @FranceMarie1
    @FranceMarie1 10 месяцев назад

    Working on getting a Power of Attorney in place for my mother. Question, if she gives her power of attorney to me and then at a latter point I'm unable to act in that capacity. Could the POA be transferred to someone else, or is it better to add more than one name at the start. Asking as a cancer survivor who can handle it now but may have to pass on to another sibling if my own health turns. Thank your for the informative video!

  • @michelles1517
    @michelles1517 2 года назад

    Can a notary just notarize a power of attorney and are they required to give you that copy.

  • @2901nc
    @2901nc 5 лет назад

    Be sure to put in an obvious spot who might have an original POA if not recorded and let trusted people know where to find it (perhaps right above signatures).

  • @suannecline1120
    @suannecline1120 Год назад

    At the time of death a POA is invalid. Where has this come from

  • @ATLGETREADY4ME
    @ATLGETREADY4ME 3 года назад +1

    Can you have power of attorney over someone who’s incarcerated?

  • @morrisgibson6328
    @morrisgibson6328 2 года назад

    The person that has power of attorney are they also in charge of the assets as well

  • @rickbrightwell
    @rickbrightwell 3 года назад

    Is there a time limit to register a POA at the courthouse? I have a POA for my mother who has since become incapacitated. Is it too lake to register my POA that was signed a year ago when she was fine?

  • @sonnytanod8862
    @sonnytanod8862 11 месяцев назад

    Can't thank you enough.

  • @barbarasibert-crosland6454
    @barbarasibert-crosland6454 4 года назад +9

    If a person didn’t make a power of attorney before they were diagnosed with Dementia and is now too incapacitated to sign the POA, where do you begin ?

    • @SusieAspen
      @SusieAspen 4 года назад +5

      He answered that. Each state has a judge who has to determine the person incapacitated and appoints a guardianship. You can Google it for your state and follow the instructions, which begins with the doctor signing documents stating incapacitated.

  • @LynnieFleegleJr
    @LynnieFleegleJr 2 года назад

    My mother just went from normal one week to unable to make her own decision and does not have one set and I'm an only child need info on that.

  • @susanthomas5167
    @susanthomas5167 2 года назад

    Didn't realize that medical care had to be specifically listed.

  • @timothyappleseed2986
    @timothyappleseed2986 2 года назад

    I need a power of attorney to represent my adult daughter in court. Would a general POA be enough or would it need to specify power over her whole person. And how can it be revoked?
    Thanks for the info. This is a great video.

  • @paragshah2742
    @paragshah2742 11 дней назад

    Yes, we have a power of attorney. We are in NY. We have health care proxy, last Will and irrevocable trust. This is first time i have commented on your video. Property in Different states to avoid ancillary probate.
    PS

  • @davidward5545
    @davidward5545 Год назад

    Awesome awesome video. What is the difference between a power of attorney vs an irrevocable power of attorney? The reason I'm asking is because we are helping a family friend with paying for an insurance policy, so we may take care of her arrangements when she passes. Her family may try to intervene and take over the insurance policy because it shows her as the owner, but we are the beneficiaries.

  • @pearlsandpowertools547
    @pearlsandpowertools547 2 года назад

    What happens if your Springing POA agent dies before you and you already have dementia?