Can a daughter/son take power of attorney over mom/dad even though spouse is alive and not divorced.?
361531
Power of attorney is not what you need. You need to have the court appoint a guardian/conservator over the parent. As she is married, the court will want to know why the husband should not be presumed to be acting in his spouse's best interests, and it will be up to you to prove that he is attempting to steal her assets. In short, your burden is to demonstrate that the marriage is a fraud and that will be VERY difficult unless you can get the husband to admit it to you in front of a disinterested witness, like a police officer or some neighbor who has no stake in the outcome of the proceedings.\n\nOr, if you could get it on tape when the husband knew he was being recordeded, that would work. But, otherwise, you will probably have a very difficult time proving your case.\n\nWithout specific facts, it's impossible to accurately analyze your circumstances. You will need to retain a local attorney experienced in probate and elder law, and you should do so quickly, because you will need a restraining order and a "lis pendens" filed at the county clerk where the home's title is filed, to prevent any sale from occuring.\n\nOne thing that you have on your side, is that if you can show the court that your mother is incompetent to sign a sales contract, then the court may stop any sale of the home, until it is satisfied that the deal is appropriate.\n\nSo, act fast before someone actually puts money down, because once they do, they become what's known as a bona fide purchaser, and their interest in the home will be greater than yours or your mother's. You don't want to be fighting with a third party over the house -- it's enough that you'll be fighting with your father in law.
1084437
I will try to help you answer this question as best I can but before I do, I want to assert that I am in no way a legal professional such as a lawyer and that my answer is for general information purposes only.\nNow, as far as I understand it, a person who holds power of attorney for another is a person who has been granted the power to make legal decisions on behalf of that person - examples would be where a parent may request another family member to be responsible for making decisions on a legal level should they become unable due to incapacitating illness or in the event of their death.  Other more common examples would include businesses where partners in a business would grant certain powers of attorney to other individuals in their absence.\nAs for a truest, do you mean trust?  If so, a trust is like a bank account with restrictions on when the named beneficiary of the trust is excluded from drawing on the funds in that trust until they reach a certain age or they meet some other form of predetermined obligation, for example, the beneficiary may be required to graduate from University with a degree before they can access the funds, etc.  I hope this helps.
424053
I am not certain on TX, but my best inclination would be to say no.\n\nIf the mother is still alive, she may have to pay child support.  If not, then the father is on his own and can collect survivor's benefits through Social Security in place of child support.\n\nStep-parents are not legally obligated to support step-chilren like they are biological children.\n\nHowever, family court is always changing. There could possibly be some odd situation where they do something crazy, but I doubt it on this one...
1029875
I don't know the specific laws in Illinois, you need to contact an attorney for that, but in most states both parents have to sign away their rights to the minor child.  You don't state whether your mother is living or not.  So we will assume she is not for the sake of the discussion.  You would need to go before a judge requesting to be made the guardian of the child.  The court will look at all the circumstances and determine if you are suitable to be the guardian.  If found to be acceptable you will be awarded custody and guardianship papers with all rights and responsibilities as if you were the natural parent.  Again I would advise you to contact an attorney regarding the specifics you would need to perform to obtain guardianship of your brother.
797152
Unless the father wants to, yes wants to, give up his legal rights you probably won't be able to.  Along with that you shouldn't.  In any case I don't know of any state that will take away a fathers legal rights because mom is getting remarried.
533161
Unless you mom has given you legal power of attorney, you can not legally sign her name.  You can have her make an X if she can no longer sign and witness her mark.\n\nIf you need to, it is easy to get appointed power of attorney to sign for her.
436920
Consult your lawyer but power of attorney gives an enormous amount of power. However, the person using the power should use it in the best interests of the person they are acting on behalf.
233053
As long as the biological father is in the childs life and paying child support YES he has a say as long as the child is not an adult. There may be laws that vary from state to state. Even if he isn't in the child life he may have to legally sign his rights away. I adopted my daughter when I got married and I know we had to put notices in the newspaper so that the biological father could contest this if he wanted to. He didn't and I adopted my daughter shortly after marrying her mother 10 years ago. OH, the father was NEVER involved in my daughter life at any pojnt in time. Not for birthdays, Christmas, Holidays, NOTHING EVER. So it really is HIS LOSE.
184283
I believe they can if the attorney gave the paralegal the power of attorney.  I'm not positive about this.
329546
I don't know of any time limit to motion for custody modification, but if he doesn't have any money for a lawyer and the man your former daughter-in-law does he is not likely to prevail in his request unless there is an issue of abuse or neglect.
547816
Power of Attorney ceases after the person who gave it dies.  Then the will's executor takes over.
460289
Does the current wife own the house? If yes then of course, if he's the owner then he'll have to give her permission, but of course can still be done.  The state would only be able to collect what was owed, and since he was up to date that wouldn't be much that he's behind.
957675
Possibly, it would depend on your local state laws.  Needless to say, it's time to get the lawyers involved and get the daughter out of the house.  She could have wrangled a new power of attorney out of the woman if she has not been legally declared incompetent.\n\nBut, you really need an attorney in that state to look into it.
587135
If she's been living with this guy for more than 7 years than by state law, he is her husband although they are not legally married.  He would get everything unless a will is drafted.  But even wills can be contested, she needs a "living trust" which is undisputable.
401029
Yes.  Speak to a family law attorney.
298543
have her sign it over to another family member in frount of a lawyer
855541
You can but you will need to be appointed as a Power of Attorney.   Power of Attorney is a legal document whereby one person (the "Donor") gives another person or persons (the "Attorney") the power to act on his or her behalf with regard to his or her property and financial affairs. \n\nThere are two types: \n\nOrdinary Power of Attorney:  \nUsually, an Ordinary Power of Attorney is created for a set period of time in cases where the Donor is going abroad or is unable to act for some other reason and wishes someone else to have the authority to act on his or her behalf. \n\nAn Ordinary Power of Attorney will usually end either at a specified time or upon the request of the Donor at any time using a Deed of Revocation and will automatically be revoked if the Donor loses mental capacity. There is no requirement for the Ordinary Power of Attorney to be registered.\n\nA Ordinary Power of Attorney can be created when signed either by you or at your direction and in the presence of a witness. \n\n\n\nEnduring Power of Attorney:\nIn contrast, an Enduring Power of Attorney allows the Donor to appoint a legally authorised person to look after their property and financial affairs should they become incapable of doing so themselves at some point in the future. It continues after the Donor has become mentally incapable of managing his or her affairs and must be registered when the Attorney becomes aware or has reason to believe that the Donor has become or is becoming mentally incapable.\n\nEnduring Power of Attorney is a lot more complex to as considerable powers are are transferred to you i.e. property etc.  Therefore a number of safe guards have to be satisfied.\n\n\nThe link provided should be of great assistance.