Anonymous

Difference between revisions of "Four Key Duties of a Fiduciary"

From Clicklaw Wikibooks
Line 109: Line 109:
As soon as you need to act as Martina’s attorney, contact any banks, businesses or people that she deals with and give them copies of the power of attorney. Never give away the original document. You can get certified copies of the original. (A lawyer or notary public can certify a copy as a true copy of the original document.)  
As soon as you need to act as Martina’s attorney, contact any banks, businesses or people that she deals with and give them copies of the power of attorney. Never give away the original document. You can get certified copies of the original. (A lawyer or notary public can certify a copy as a true copy of the original document.)  


Sometimes banks or other businesses won’t do what you, acting as Martina’s attorney, want them to do. A bank may refuse to accept the power of attorney, or may want Martina to sign its own form of power of attorney. This is particularly a problem if Martina has lost the ability to act for herself. You should get advice, as the bank’s form may undo careful planning done for Martina’s benefit.  
Sometimes banks or other businesses won’t do what you, acting as Martina’s attorney, want them to do. A bank might refuse to accept the power of attorney, or might want Martina to sign its own form of power of attorney. This is particularly a problem if Martina has lost the ability to act for herself. You should get advice, as the bank’s form may undo careful planning done for Martina’s benefit.  


If someone will not accept your authority to act on behalf of Martina, talk to a supervisor. If they still won’t accept it, talk with a lawyer. Under the law, in Martina’s enduring power of attorney, she can authorize you to do anything she may lawfully do by an agent in relation to her financial and legal affairs.  
If someone will not accept your authority to act on behalf of Martina, talk to a supervisor. If they still won’t accept it, talk with a lawyer. Under the law, in Martina’s enduring power of attorney, she can authorize you to do anything she may lawfully do by an agent in relation to her financial and legal affairs.  
9,075

edits