I have a client who is worried that someone might try and sell her home without her consent, Can they do this with a POA?
Answers:
I work in the legal field...
There are two types of POAs. Special and General.
If your client has a general POA then the recipient person has the legal ability to act unconditionally. They may buy, sell, lease, or rent property in the other person's name. Possibilities are almost endless, however most banks nowadays will not let the recipient open, close, or draft from checking or saving accounts without further proof.
I would suggest that your client IMMEDIATELY seek a lawyer to revoke that Power of Attorney, in writing, and serve a copy in person, or via certified mail. Additionally they should try to obtain all copies of that POA back. Some counties also require that a copy of the POA be filed in the local justice office. Ensure that the revocation order gets filed there as well.
Secondly, any POAs that your client might need can be filled by a Special Power of Attorney. These Power of Attorneys are very specific and list exactly what the recipient can and can not do.
Her attorney should have briefed her on both types. Good luck to her.
There are different kinds of POA's. There is a general and a specific. A general gives that person power to do pretty much anything you could think of in their name. A specific is like it sounds, where you give them power for something specific, such as power to be a caretaker of your child or to take care of your vehicle. My boyfriend works with this a lot so i will have him get on here and give you a better answer, but as far as i know yes they would be able to without consent because the POA serves as consent. They signed it stating the other person could do whatever under their name, IF IT IS GENERAL, so that gives them power to...i think!
if it is regarding POA of financial status they may try and get away with it but they could be taken to court over that for abusing the funds
I had POA for my dad. I would have been able to sell his home, his car, anything. In fact, he was unable to return to his apartment, so I was able to find and sign for an apartment for him.
HOWEVER, the proper POA will only cover what you want it to cover. For example, if you want to give someone power to sell your car, you can write a POA that will only cover selling your car.
If your client is worried that someone may try to sell her home without her consent, she shouldn't give that person full POA.
It depends on what kind of PoA it is. The previous answers mentioned some good points on the differences between general and specific powers-of-attorney.
However, if you read through it carefully, you will also note that there is a phrase in there something like "the agent must act in the interest of the principle.
So if this person tries to sell your house and pocket the money, that would clearly NOT be in the interest of the original owner, giving grounds to sue.
Saturday, October 31, 2009
If you have joint legal joint physical custody of your child am I alowed to take him out of State?
I have planned to go on a mini vacation with my kids but my ex does not want me taking them out of michigan because he does not like my new boy friend. Am I allowed to? Any websites you could recommend?
Answers:
It would depend totally on what is in the divorce decree.
Usually you can take them out of state only with written permission of the other spouse. But it just depends on the specific court order.
If it is for a short vacation ie: a weekend , this should not be a problem. Call the court mediator to see what they think.
NO!!
If you have joint physical custody of your children then you can not leave the state without consent from the other parent. Sorry
Answers:
It would depend totally on what is in the divorce decree.
Usually you can take them out of state only with written permission of the other spouse. But it just depends on the specific court order.
If it is for a short vacation ie: a weekend , this should not be a problem. Call the court mediator to see what they think.
NO!!
If you have joint physical custody of your children then you can not leave the state without consent from the other parent. Sorry
If you have had an accident on and you know the person has public liability?
The person has refused to even reply or contest my claim what can you do to progress this. They know I am terminally ill and I think they are ignoring it so it goes away. I sliped an recent illegal installation, being a smooth disk in a shop step without building control approval. Disk is meant for soil stacks
Answers:
Is the disk still there, or have they taken steps to cover it up or remove it? You need to get a picture of it before it is too late. Were you injured? It is possible to slip and fall down without any lasting damage, but if you did sustain injury, did you make sure that you saw your doctor about it immediately afterwards in order to have medical evidence? Did you complain at the time of falling down and demand that they enter the incident in their company accident book? As you seem to have been in correspondence with these people for some time, it seems as though maybe you would find it hard to establish your claim, even if you had sustained injuries. My inclination would be to get this looked into by the health and safety executive of your Local Authority. They have greater powers than you. http://www.hse.gov.uk/lau/index.htm...
Throw a lawyer at 'em
Answers:
Is the disk still there, or have they taken steps to cover it up or remove it? You need to get a picture of it before it is too late. Were you injured? It is possible to slip and fall down without any lasting damage, but if you did sustain injury, did you make sure that you saw your doctor about it immediately afterwards in order to have medical evidence? Did you complain at the time of falling down and demand that they enter the incident in their company accident book? As you seem to have been in correspondence with these people for some time, it seems as though maybe you would find it hard to establish your claim, even if you had sustained injuries. My inclination would be to get this looked into by the health and safety executive of your Local Authority. They have greater powers than you. http://www.hse.gov.uk/lau/index.htm...
Throw a lawyer at 'em
Saturday, October 24, 2009
If you have had 2 dui in the past 18 yrs and now get another one what could happen in court?
it is the first time i've been caught in 20 some yrs. i am on disabilty and have been diagnosed of having mini strokes. i am 57yrs old. i know that i shouldn't have drink any beer, but i did and now i'm sorry for it.
Answers:
they probably won't worry too much about a 20 year old past charge but it's still a serious offense. you need a lawyer.
I don't care if you drink.. it is the drinking and driving that is an issue here. I have no sympathy for you. At 57 years old, you should know better. Maybe you'll be in jail with Lindsay. Tell her I said, Hi.
Depends where you live. In Ohio, the preceeding 20 years is the look back. 6 in twenty is a felony.
Now a days with all the conservative judges, they gonna hang ya by the kanookies, honey.
Your going to be walking pal. Buy some bus tokens
Never mind the DRINKING---it's the mini strokes that would worry ME if I were you--what in the HELL are you doing still driving a car if you are having small STROKES all the time--you COULD have one while driving and KILL yourself or OTHERS even sooner then if you DRANK and drove. at your age (which is the same as mine) you should KNOW better that your drinking can KILL especially BECAUSE of your mini-strokes---I HOPE the law takes your right to drive TOTALLY away and destroys your license. you are a TIME BOMB looking for a place to happen and a VERY DANGEROUS PERSON.
Answers:
they probably won't worry too much about a 20 year old past charge but it's still a serious offense. you need a lawyer.
I don't care if you drink.. it is the drinking and driving that is an issue here. I have no sympathy for you. At 57 years old, you should know better. Maybe you'll be in jail with Lindsay. Tell her I said, Hi.
Depends where you live. In Ohio, the preceeding 20 years is the look back. 6 in twenty is a felony.
Now a days with all the conservative judges, they gonna hang ya by the kanookies, honey.
Your going to be walking pal. Buy some bus tokens
Never mind the DRINKING---it's the mini strokes that would worry ME if I were you--what in the HELL are you doing still driving a car if you are having small STROKES all the time--you COULD have one while driving and KILL yourself or OTHERS even sooner then if you DRANK and drove. at your age (which is the same as mine) you should KNOW better that your drinking can KILL especially BECAUSE of your mini-strokes---I HOPE the law takes your right to drive TOTALLY away and destroys your license. you are a TIME BOMB looking for a place to happen and a VERY DANGEROUS PERSON.
If you have custody of your children and your ex has extremely minimal and restricted visitation can your ex's
parents get visitation too? Even if the ex's visitation is required to take place at their home?
Answers:
Many states are now giving grandparents rights. It depends on the laws in your state.
But since the ex's visitation is taking place in their home, that should count as their visitation as well.
You can google your state and grandparents rights to find out the rules in your state. They vary wildly from state to state!
they can fight for it but most likely not get it..they are not the parents.
They may be able to, there is such a thing as Grandparents rights!
In most states nowadays, grandparents can get court ordered visitation.
yes, they still have rights and can get visitation, which may also be restricted if the court sees reason
No, it's illegal. Contact your attorney immediately. My ex-husband's mother tried to pull the same crap on me. You need to stop it before it gets out of hand. My attorney lit her up. Don't believe a word they say.get everything done on your part the legal way! Grandparent's rights/visitations can only be awarded if they had a truely significant part in your child's life OR your ex husband were to be dead. That's it.
They have rights under the grand parents rights under your state law, however if there is a flight risk or a risk of him having access to the children through the parent their visitations can be limited and also set up through the courts and you can get a court advocate to supervise visitations.
Answers:
Many states are now giving grandparents rights. It depends on the laws in your state.
But since the ex's visitation is taking place in their home, that should count as their visitation as well.
You can google your state and grandparents rights to find out the rules in your state. They vary wildly from state to state!
they can fight for it but most likely not get it..they are not the parents.
They may be able to, there is such a thing as Grandparents rights!
In most states nowadays, grandparents can get court ordered visitation.
yes, they still have rights and can get visitation, which may also be restricted if the court sees reason
No, it's illegal. Contact your attorney immediately. My ex-husband's mother tried to pull the same crap on me. You need to stop it before it gets out of hand. My attorney lit her up. Don't believe a word they say.get everything done on your part the legal way! Grandparent's rights/visitations can only be awarded if they had a truely significant part in your child's life OR your ex husband were to be dead. That's it.
They have rights under the grand parents rights under your state law, however if there is a flight risk or a risk of him having access to the children through the parent their visitations can be limited and also set up through the courts and you can get a court advocate to supervise visitations.
If you have chickens, and some baby roosters hatch, and they start fighting when they get bigger, is it ok?
Are you guilty of "rooster" fighting even if you did nothing to encourage them to fight? Or are you required to keep them separated? But if you did that, it would look like a "rooster" fighting operation.
So what do you have to do? Do you have to kill all but one of the baby roosters?
Answers:
No, it is just nature doing it and not anything that is being encouraged. Besides you would have to place sparing gloves or a knife on the bird to be guilty of animal cruelty. I use to love fighting chickens we would fly to Hawaii for a 5 co-ck derby every year. But, recently Hawaii had just enacted a law making it a felony, it was a misdemeanor up until now. This also include the transportation of fighting cocks, I just don't see how they will tell you if they are fighting birds or not unless you disclose it.
if you can compare chickens to dogs then I can compare people to cows.
You have to have a bigger brain than the roosters...and do what you must to prevent them pecking open wounds all over each other.
Animals are naturally violent. Males especially, will protect their territory from competing males, there's nothing you can do to stop that.
rooster-fighting is far different from this.
1: It assumes that people are gambling on the birds.
2: Animal services knows how aggressive roosters are, and they will understand if they fight- to a reasonable extent.
there is a difference between animals creating a pecking order and people strapping spike to the animals feet
Most people only keep 1 male adult rooster. I dont know what it is, but there must be a reason for it.
So what do you have to do? Do you have to kill all but one of the baby roosters?
Answers:
No, it is just nature doing it and not anything that is being encouraged. Besides you would have to place sparing gloves or a knife on the bird to be guilty of animal cruelty. I use to love fighting chickens we would fly to Hawaii for a 5 co-ck derby every year. But, recently Hawaii had just enacted a law making it a felony, it was a misdemeanor up until now. This also include the transportation of fighting cocks, I just don't see how they will tell you if they are fighting birds or not unless you disclose it.
if you can compare chickens to dogs then I can compare people to cows.
You have to have a bigger brain than the roosters...and do what you must to prevent them pecking open wounds all over each other.
Animals are naturally violent. Males especially, will protect their territory from competing males, there's nothing you can do to stop that.
rooster-fighting is far different from this.
1: It assumes that people are gambling on the birds.
2: Animal services knows how aggressive roosters are, and they will understand if they fight- to a reasonable extent.
there is a difference between animals creating a pecking order and people strapping spike to the animals feet
Most people only keep 1 male adult rooster. I dont know what it is, but there must be a reason for it.
If you have an abortion can you get married in a church?
I mean, if the church finds out about the abortion can they deny you the right to be married in their church? and if they do can you take legal action?
Answers:
Absolutely, you can get married.
Contrary to what some people may think, we have many different religions and many different churches in the US.
Not all religions consider abortion a sin.
And even among those that do, such as the Catholic church, one of the principles of the faith is that sins may be forgiven by contrition and penance.
But no, you cannot take legal action (in the US) if a church does not want to perform a church ceremony, because courts cannot compel churches in the practice of their faith. This is not true in all countries.
Churches are private institutions. They can grant or refuse services according to their rules.
If you are catholic, its just a simple matter of confession, a few dozen Hail Mary's, an Our Father or two and you will be good to go.
Not all churches are like that, and the others should be no problem if you don't blab about it. Like, how they gonna find out unless you tell them?
Just don't tell anybody ever.
Yes a church can do that because they are (supposedly) a private enterprise. If you took legal action, you'd probably win a discrimination suit, but you'd be making the legal system worse than it already is. Why would you want to be in a church that doesn't forgive anyway?
Yes, my gosh. If not then change churches...
Of course you can sue them. And they have been paying for their mistakes by the 100's of millions this year.
Yes a church can deny you the right of marriage if yo did get an abortion. Most churches, I am Catholic so I know this is true with the Catholic Church, will let you leave your past behind if you are dedicated to following church rules. Some churhces may not allow this, but it really comes down to whoever is leading the particular church you plan on attending.
I don't think they would turn you away. You may have to go through more couple counseling sessions though. If you were turned away, you cannot take legal action because churches aren't funded by the government and can do as they please.
I don't think they would deny you if they found out about it, but they might have a serious talk with you about it. If they do decide to deny you, they have every legal right to do so. They are a private establishment and have the right to decide who does what in their building. If that happens, you will have no choice but to find an alternate site to hold your wedding.
You should of put this question in spirtuality and religion
Answers:
Absolutely, you can get married.
Contrary to what some people may think, we have many different religions and many different churches in the US.
Not all religions consider abortion a sin.
And even among those that do, such as the Catholic church, one of the principles of the faith is that sins may be forgiven by contrition and penance.
But no, you cannot take legal action (in the US) if a church does not want to perform a church ceremony, because courts cannot compel churches in the practice of their faith. This is not true in all countries.
Churches are private institutions. They can grant or refuse services according to their rules.
If you are catholic, its just a simple matter of confession, a few dozen Hail Mary's, an Our Father or two and you will be good to go.
Not all churches are like that, and the others should be no problem if you don't blab about it. Like, how they gonna find out unless you tell them?
Just don't tell anybody ever.
Yes a church can do that because they are (supposedly) a private enterprise. If you took legal action, you'd probably win a discrimination suit, but you'd be making the legal system worse than it already is. Why would you want to be in a church that doesn't forgive anyway?
Yes, my gosh. If not then change churches...
Of course you can sue them. And they have been paying for their mistakes by the 100's of millions this year.
Yes a church can deny you the right of marriage if yo did get an abortion. Most churches, I am Catholic so I know this is true with the Catholic Church, will let you leave your past behind if you are dedicated to following church rules. Some churhces may not allow this, but it really comes down to whoever is leading the particular church you plan on attending.
I don't think they would turn you away. You may have to go through more couple counseling sessions though. If you were turned away, you cannot take legal action because churches aren't funded by the government and can do as they please.
I don't think they would deny you if they found out about it, but they might have a serious talk with you about it. If they do decide to deny you, they have every legal right to do so. They are a private establishment and have the right to decide who does what in their building. If that happens, you will have no choice but to find an alternate site to hold your wedding.
You should of put this question in spirtuality and religion
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