Legal Help - Power of Attorney Law http://www.expertlaw.com/forums/ Issues in issuing, obtaining, using and revoking a grant of power of attorney. en Sat, 25 May 2013 21:41:44 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png Legal Help - Power of Attorney Law http://www.expertlaw.com/forums/ Creating a Power of Attorney: Real Estate/Mortgage - Power of Attorney (Florida) http://www.expertlaw.com/forums/showthread.php?t=158968&goto=newpost Sat, 25 May 2013 20:30:24 GMT My question involves a power of attorney in the state of: Florida My mother, who is married to my father who resides in India, and I are trying to... My question involves a power of attorney in the state of: Florida

My mother, who is married to my father who resides in India, and I are trying to buy a house in Florida; however Florida law requires spouse's name on the title. We were originally planning on going with the builder's lender for mortgage but decided to go with our bank. We had a Specific power of attorney prepared for my mother to sign on behalf of my father since he can not be in the country to sign for it on the closing date. The POA had the following clause in it

Quote:
"My Attorney-in-fact is hereby given fool power and authority to purchase, mortgage, encumber, hypothecate, maintain, repair, improve, insure, and in any other manner deal with dispose of, or finance the above-described property, in my name and under such terms and conditions, and under such covenants, as said attorney in face shall deem proper. Said power and authority to mortgage and encumber the property includes, but may not be limited to, the execution of a mortgage and promissory note in favor of (original lender) in an amount not to exceed (amount)."
My father will not be on the mortgage. He will only be on the title as required by Florida Law. The closing agent is now telling us that they will not honor the POA and is telling us to have another POA prepared with the name of our new lender in place of the original lender in the above clause. They told us this last week and we have prepared the document and had it mailed but the document is stuck in customs and don't know when it will be released. Our closing date is in a week on the 31st and I don't think the document will reach here in time for our closing date. If we don't close on the closing date the builder is going to charge us some ridiculous amount for taking it into next month.

My question is can the closing agent do this and delay our closing just so the POA has the new lender's name on it even though the POA clearly states that the POA is not just limited to our original lender. On top of that my father is not going to be on the mortgage at all so I fail to see the point of all of this in the first place. ]]> Power of Attorney Law ethreal_sky http://www.expertlaw.com/forums/showthread.php?t=158968 Health Care Proxy: Signed Over Medical Rights While Incapacitated - Is the Document Still Valid http://www.expertlaw.com/forums/showthread.php?t=158081&goto=newpost Sun, 05 May 2013 23:05:22 GMT I was hospitalized during an episode of psychosis about 4 years ago and have been diagnosed and undergoing treatment ever since. I was incoherent... I was hospitalized during an episode of psychosis about 4 years ago and have been diagnosed and undergoing treatment ever since. I was incoherent but was later told by my family I signed a document providing them with the rights to make all necessary medical decisions. They were grateful I signed it and in retrospect so was I because the state would have started making decisions before they were able.

However, I do not know the verbiage of the form nor "exactly" to what I agreed to when signing. Over the years until today, I have requested that they (my family) show me a copy of this form because I want to know if they still maintain these rights over me with the psychiatrist I'm seeing since I left the hospital, and really if they still maintain any medical rights at all.

Since they are refusing to show me the document (changing the subject, saying they can't find it, etc.) what steps do I need to take in order to see this document? I signed it at a hospital intake and have only seen one other doctor for the following 4 years.

Thanks! ]]> Power of Attorney Law jp42 http://www.expertlaw.com/forums/showthread.php?t=158081