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Loren, Attorney
Category: Estate Law
Satisfied Customers: 34473
Experience:  30 years experience in the practice of estate law.
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Second marriage last Nov 2016. Daughter from first marriage

Customer Question

Second marriage last Nov 2016. Daughter from first marriage has durable power of attorney. Husband has twice the assets I do. We have a prenup. I have no children. I'm considering a younger brother as poa for me. We are in Georgia. Your thoughts?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

You are legally entitled to name any competent adult (willing to serve) as your attorney in fact. What is your motivation for changing?

Customer: replied 1 year ago.
I'm not changing anything. The daughter is his by his first marriage (an adult of 42). I have no children. Apparently she has been his POA for several years.
Customer: replied 1 year ago.
I"m not comfortable with her as a POA for me. (nor him actually but that's his choice)
Expert:  Loren replied 1 year ago.

Thank you for the additional information and the clarification. I was under the impression from the question that you wanted to change your POA from your daughter to your brother.

In any event, you can name whomever you choose as your attorney-in-fact. Most commonly, married people name their spouse, but it is not required and you can name a sibling, if you want.

So, if your concern is the legality, you have nothing to worry about.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

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