My brother has the P.O.A for my mother and her estate. Should he have a terminal illness, can he transfer the P.O.A. to a person of his choice?Peggy
Country relating to Question: United States
State (if USA): Texas
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.No. No way. No how, no way.A power of attorney is a specific grant of power from the grantor (the person making the POA...in this case your mom) to the agent (the person receiving the POA...in this case your brother). The agent can act on the part of the grantor, as specified in the POA. But no more.The agent will NOT have power to appoint someone else as agent...that can only be given by the grantor. Let me know if you have more questions. Happy to help if I can
Estate Law Expert
The grantor, our Mom, has alzheimer's disease and is 89 years old. She is unable to grant someone else. What is the proper recommendation for us?
Then you need to get the court involved.The court will step in and appoint a guardian/conservator to protect her estate. Since she is not competent, she can no longer appoint her own agent...but the court can, and will if there is a need, appoint someone to make important decision to protect her estate.You will need to go to court for this...and for that you will need to hire a lawyer. But if you mother has dementia I would expect the court to appoint a guardian for her
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