I am ethically required to state that the above answer does not create an attorney/client relationship. My practice is focused in the areas of estate planning and probate administration. LEGAL DISCLAIMER I am licensed to practice law in the State of Illinois and have an office in Kane County. ***Please be sure to mark if you find the answer "helpful" or a "best" answer. It is not anyone else's to change or modify. The POA is hers to give if she is able and wants to do so. Unless your mother has the mental capacity right now to sign a new power of attorney, there is nothing you can do to change it. If it is an issue for the person or entity which are asking to honor the POA, the error could possibly be cured by an affidavit from you in which you swear under oath that you are the person named as the agent and that the incorrect address was a typographical error. If it is a statutory power of attorney for health care, it is also void when she passes away, with the exception of being able to make anatomical donations and direct the disposition of her body.ĭepending on which type of power of attorney you are referring to, and how you intend to use it, the incorrect address is not likely to be an issue. If it is a power of attorney for property, it will be void when she passes away. However, you cannot alter someone else's power of attorney document. I am sorry to hear of your mother's situation. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired. Regardless, nothing said should be deemed an opinion of law of any state. While I am licensed to practice in New York and California, I do not actively practice in New York. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. The comments above are not legal advice and do not create an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. If not, as long as she's physically able, I suppose she could re-execute it with the proper address, but he sure the same formalities are followed in terms of notary and witnesses. Has the hospital said they won't honor it? Best to address it ASAP and see if it's OK as is. If the appointment indicates your name and relationship, there shouldn't be any confusion over who is the intended agent. Anytime you're dealing with a POA, you are somewhat at the whim of the person or entity to whom it's submitted, but I don't think an address typo ought to invalidate the appointment or require a new POA form.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |