Tennessee Power Of Attorney

Q: I have a couple of questions regarding "Power of Attorney". I am in a situation with my elderly Father whereas he will probably need to be placed in a nursing home. I am seeking to have his "power of attorney" so that I will be able to make decisions for him, sign papers for him, and manage his finances. My Mother is deceased and I have one Brother who I don't feel is capable of properly taking care of my Father's affairs. What is the process involved? Is it a matter of simply paperwork, filling out forms,etc.? Or does it require anything in court?

A: Note that, in regards to a recent thread here, you need a separate form specifically from the IRS, and meeting specific requirements to be eligible, if you want to be able to sign his tax returns for him. In other words, don't assume, just because you have a generally legal power of attorney, that it is legally valid for every possible purpose. The power of attorney should specify exactly what it is valid for, and for how long (which may be "until revoked," but needs to be specified). Nolo Press undoubtedly has a book that can give you a boilerplate form and give you some guidelines for the limitations on a P.O.A.

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