Question about Durable Power of Attorney

[doucar]

OK, so the two names would go at the beginning of the document, which says, "hereby appoint [names of two persons] as my Attorneys-in-Fact to act for me," etc. Is that right?

Separated by language similar to what I used.

 

[CindiW]

One more question right now and thanks for all the info and suggestions --if I have a printed form of a Durable Power of Attorney with dashes for the names, can I handwrite the names in rather than type them all out and print them? I don't see why not but I want to make sure. Thanks.

 

[army judge]

One more question right now and thanks for all the info and suggestions --if I have a printed form of a Durable Power of Attorney with dashes for the names, can I handwrite the names in rather than type them all out and print them? I don't see why not but I want to make sure. Thanks.

If you SINCERELY wish to preserve, protect, and one day disburse your assets a particular way; spend a couple quid to retain the services of an attorney.

Relying on information about important issues from strangers can end up being very costly.

 

[justblue]

If you SINCERELY wish to preserve, protect, and one day disburse your assets a particular way; spend a couple quid to retain the services of an attorney.

Relying on information about important issues from strangers can end up being very costly.

Cindy has been advised to do just that about two dozen times.

 

[Zigner]

Why a second thread?

 

[Tax Counsel]

So I've been reading about irrevocable trusts and wonder what happens if the person named as recipient in the trust dies, does the grantor have rights to make the trust over?

It depends on what the trust itself says and which state's law applies. The trust can say that if the trust beneficiary dies before the grantor dies that the trust reverts to the grantor. But doing that often will defeat the purpose of setting up an irrevocable trust in the first the place. In a truly irrevocable trust the trust grantor cannot get the assets back. That's one of the main features that make them worthwhile over revocable trusts. The trust grantor really should be consulting an estate planning /trust attorney about setting up any trusts. There are all kinds of ways people who do it themselves can screw it up and not achieve what they were looking to do. I've seen enough bad trusts written by grantors in my career to know that most non lawyers simply don't have the knowledge needed to write up a good trust instrument.

 

[welkin]

AIF means Accredited Investment Fiduciary?

Attorney in Fact, the person you assign to act on your behalf.

But again it is the principal that assigns that person.

Powers of attorney can only be conveyed through writing. All states require that the principal, the person granting the decision-making abilities, must sign the power of attorney document. If a principal is not physically capable of signing, she can have someone else sign the document on her behalf. However, a principal who is mentally incapable of making decisions may not direct someone else to sign the power of attorney. Only a principal who is of sound mind and who can make her own decisions is capable of passing on power of attorney.

You assign who you want to act on your behalf and your husband assigns who he wants. Hence, two POAs.

 

[CindiW]

So I'm going through the written form for DPoA. In reference to retirement plans it says, "exercise all powers with respect to retirement plans which the principal could if present and under NO DISABILITY." (I capitalized those words...) What does that mean? Does this mean any FUTURE DISABILITY or-- disability when the DPoA is drawn up?

 

[CindiW]

Attorney in Fact, the person you assign to act on your behalf.

But again it is the principal that assigns that person.



You assign who you want to act on your behalf and your husband assigns who he wants. Hence, two POAs.

Yes. I do have another question, because in the book of forms for the state of Florida, it has an affidavit for "Affiant" and I wonder if that is essential to fill out and notarize along with the DPoA form.

 

[CindiW]

Attorney in Fact, the person you assign to act on your behalf.

But again it is the principal that assigns that person.



You assign who you want to act on your behalf and your husband assigns who he wants. Hence, two POAs.

OK again, I think I understand.

 

[CindiW]

Why a second thread?

I usually get that from certain ones, nevertheless I am grateful for whatever help (without the threats) I can get here.

 

[justblue]

I usually get that from certain ones, nevertheless I am grateful for whatever help (without the threats) I can get here.

Keep all questions related to the POA to this thread. There is no need to start a new thread every time you have a question of this topic/related topic.

 

[Zigner]

I usually get that from certain ones, nevertheless I am grateful for whatever help (without the threats) I can get here.

Threats?

 

[CindiW]

Threats?

Sorry, I misunderstood.

 

[CindiW]

If I handwrite the names of principals and attorneys-in-fact on the form, would that be accepted as legal?

 

[CindiW]

What is an affiant?

 

[Zigner]

You really ought to seek out professional assistance.

 

[CindiW]

You really ought to seek out professional assistance.

I understand but I cannot afford it.

 

[justblue]

I understand but I cannot afford it.

Simple google search:

Affiant legal definition of affiant (thefreedictionary.com)

 

[CindiW]

Simple google search:

Affiant legal definition of affiant (thefreedictionary.com)

OK, but I don't have a PDF app that can type in the names on a form, so is it OK (acceptable) if I handwrite the names in a DPoA? I guess if a notary authorizes it, it should be "OK" by whatever authorities may want to check it.