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How can I transfer my Power Of Attorney, for my sister-in-law,

Resolved Question:

How can I transfer my Power Of Attorney, for my sister-in-law, to someone else, hopefully her son, when she has dementia?
Submitted: 3 years ago.
Category: Legal
Expert:  GoLaw replied 3 years ago.

Thank you for using Just Answer. Please keep in mind that this is a public forum and information posted here is not confidential.

 

You cannot unilaterally transfer the powers granted to you under a power of attorney. If someone else is named as an alternative POA, you may transfer the powers to that person. However, only your sister-in-law can grant someone else rights under the POA.

 

You may want to discuss the situation with your sister-in-law's medical provider, etc. Not everyone with dementia lacks the competency to execute a POA. She may be able to execute a new POA naming her son as Attorney.

 

The other option, if you no longer wish to act in the capacity under the POA is for your nephew to petition the court to name his as a guardian or conservator of your sister-in-law's person and property. These action can be somewhat expensive, however, and should be pursued only as a last resort.

 

 

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GoLaw, Attorney
Category: Legal
Satisfied Customers: 753
Experience: Attorney with eight years of experience in business law and landlord-tenant law.
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