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PDF Editor FAQ
What should I do? My parents took a home loan under my name promising they will pay the installments, my mother took its power of attorney. They aren't paying it and I'm on maternity leave so I can't pay that anymore. I am scared of the legal actions
I am sorry for your predicament. You are the home owner as the loan is under your name. A bank will never give a loan to any person who is not the full or part owner. So whatever the financial arrangement between you and your parents, as far as the bank is concerned - you are responsible as well as accountable for the payments. If the loan instalments are defaulted, the bank will proceed into repossession actions.I don’t understand the Power of Attorney part. What is this PoA? Banks don’t work and grant loans on the basis of PoA. In any case, you must also get hold of the power of attorney and destroy it. If your parents are not returning it, you can get it revoked. I hope you have not signed an irrevocable PoA. Check here: Revocation of Power of Attorney: Everything You Need to Know.Secondly, get well soon and start paying the instalments. This is because bank is not going to go after your parents, but you.Start dealing with your parents in a straight way. Ask your parents, either pay up or return the capital. Threaten to go to court. In the matters of money and business there are no friends and relations - only correspondents (a favourite line that I am borrowing from the book - The Count of Monte Cristo by Alexandre Dumas).The results otherwise will be too bad.
What can be done if I signed a power of attorney to my husband, but I don’t really remember because I was always under heavy strong mental meds?
U.S. perspectiveYou can revoke a power of attorney by completing and signing a revocation. You can look at a sample revocation at Create a Revocation of Power of Attorney | Legal Templates (and elsewhere online).Because you do not know whether or when you may have granted the power, you could revoke “any and all powers of attorney” granted to your husband.Reading between the lines, it appears that your relationship with your husband may be such that you should consult with a family lawyer concerning this and other matters.
Do you need a lawyer for a power of attorney?
You should get legal advice---especially on long-term and complex matters like wills, inheritance, trusts, business succession, etc ---prior to giving up control over important financial and business matters. But that doesn't mean you necessarily need an attorney to draft the documents.Powers of Attorney depend on several variables, including the duration of the power of attorney, the terms of revocation, the conditions of the authority and whether or not other parties will honor or accept your delegation of authority. Also, locals laws and the regulations of certain industries come into play.Also, consider a an important limitation: a power of attorney is only in effect while you are alive and competent.For simple matters, institutions you do business with will often make power of attorney forms available to transact certain business:Hospitals and Medical Facilities often provide Durable Medical Powers of Attorney (with Instructions) prior to a surgery. It is also possible to obtain Living Will Forms to guide end of life decisionsBanks and Brokerage forms will often provide forms (with some instructions) for power of attorney and Trading Authority.Utilities and other businesses will provide you with information that they will accept if you need to delegate someone else to handle you bills or other transactions.
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