Sunday, May 6, 2012

What if there are Questions About my Agent's Authority?


What if there are Questions About my Agent's Authority?

Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com if you:

            · have a question about your agent's authority;

            · are an agent and have questions about your authority; or

            · are doing business with an agent and have a question about the agent's authority. 

He will review the power of attorney and answer your questions about the agent's authority.  

Alternatively, any interested person can ask a district court judge to interpret or clarify a power of attorney.  An interested person includes:

• the person who gave the power of attorney (known as the principal);

• the agent;

• a person asked to accept a power of attorney;

• the principal's spouse, parent, child, guardian, conservator, care giver, fiduciary, descendent or presumptive heir;

            • a person authorized to make health care decisions for the principal;

            • someone who demonstrates sufficient interest in the principal's welfare;

            • a beneficiary of the principal's estate or trust; and

            • a government agency with authority to protect the principal's welfare.

However, the judge cannot interpret or clarify the power of attorney over the principal's objection unless the agent is asking for the clarification or interpretation or the judge finds that that the principal lacks the capacity to revoke the power of attorney or the agent's authority.  If you want an interpretation or clarification of a power of attorney, contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com.

Thomas T. Tornow, P.C.


By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

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