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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35777
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother signed over power of attorney to my sister while

Customer Question

My mother signed over power of attorney to my sister while my mother lived with her. She now lives with me. My mother is now wanting a place of her own. Can my sister keep her from getting her own place?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can my sister keep her from getting her own place?

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No, she can't. A power of attorney is just where the grantor of the power agrees to legally "share" their rights with another person and allow them to act for them if they are unable to act for themselves. But it doesn't prevent the grantor from handling their own affairs or give the holder the power to prohibit them from doing something.

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Further, a POA is revocable at any time if the grantor just writes up a statement saying they are revoking the POA effective immediately, signs, dates, and had notarized. Then they just give it to the POA holder and that revokes it.

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So sister having a POA doesn't affect mother at all with regard to her deciding where she wants to live or what she wants to do..

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thanks

Barrister

Customer: replied 9 months ago.
Ty
Expert:  Barrister replied 9 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister