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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34858
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I need to draft a letter stating my sister is overseas

Customer Question

I need to draft a letter stating my sister is overseas because my father has alzheimers and is no longer able to make decisions and be responsible for his care. Somehow she also needs it to indicate she would be the POA and executor of his estate when his time comes so she can collect his remains and bring them home. How do I do that?
Submitted: 7 months ago.
Category: Estate Law
Expert:  Barrister replied 7 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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I am not quite sure I understand your comments.. Are you saying that you want sister to agree to give you a POA and be executor of father's estate or that you want her to have a POA and be the executor?

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Has father granted her a POA prior to him becoming incapacitated?

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Did he make a will naming her as executor of his estate?

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thanks

Barrister

Customer: replied 7 months ago.
Hi -No. She is to be POA, not me. I need to draft it stating that she is over there to care for him and his affairs.
Expert:  Barrister replied 7 months ago.

Ok, then if he is no incapacitated so as to be legally or medically incompetent, he can't sign off on a POA if he hasn't done so before now. You have to be competent to sign a POA.

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So someone will have to file a formal guardianship petition with the local probate court where he is living in order to be appointed as his legal guardian. After that is done, the guardian would have complete control over his life and care.

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And as for executor, the same thing applies... it is father who would have to draft a will and sign it appointing an executor. If he is now incompetent, then he can't legally do so. But if he passes, either of you could file a petition to be appointed Administrator of his estate (executor, just with no will) and then that person would be able to handle any funeral arrangements and then move on to settle his estate.

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However, this all applies in the US so if father is in a different country living, I can't opine as to what sister would need to do there because I am only based in the US..

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thanks

Barrister