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Misconception #1: You can sign a power of attorney if you are legally incompetent. Someone cannot appoint a power of attorney (or sign any legal document) if they are incapacitated.Contrary to popular belief, only a mentally competent individual can appoint a POA for themselves.

If you have a joint account, the co-owner can cash your refund check on your behalf. Most banks will allow this if both parties sign the check. If you are unavailable to sign, it's possible for your account co-owner to deposit the check into the account with just one signature and withdraw cash at an ATM.

It is up to the bank. You can't force them to accept your POA. Or if they do, they might not cash it, but require it to be deposited into his account.

To cover overseas assets, the power of attorney must be broad enough to comply with the laws of the relevant country and the signature of the principal should be witnessed by a notary public. The power of attorney must then be taken to the consulate or trade commission of the country where it is to be used.

Many banks, check-cashing stores and even convenience stores will cash your third-party IRS check because they know the check is valid.

A Power of Attorney that was executed in the United States can usually be used in another country as long as it is authenticated or legalized, meaning a government official has certified that the notary's signature is authentic.

For example, if you need to cash a check all you need to do is go to his bank, endorse the check by signing the back of the check "his name by your name, his agent" or "his attorney in fact." You will need to bring the power of attorney document with you and present this document, along with your personal

If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.

Usually, it will require a formal contest in court, unless the agent voluntarily resigns their power of attorney.If an agent continues to make decisions of behalf of the principal after a non-durable power of attorney ends, a third party would be able to contest any decisions made in court.

For example, the State of California simply requires that you write Revoke in big print at the top of your original power of attorney form, sign and date at the bottom and send it to the state agency. Ideally, your agent assumes the obligation of acting in your best interest and following your instructions.