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SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
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My mother was recently sent to a nursing home after having

Customer Question

My mother was recently sent to a nursing home after having a stroke. She had a durable power of attorney for my father. My father had a mild stroke a few days later and is currently in the hospital.
My sister has a durable power of attorney for my mother. Does this make my sister my fathers power of attorney since my mother is unable to take care of my fathers financial needs?
Submitted: 7 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 7 years ago.
A Durable Power of Attorney is a document in which the Principal can designate someone to act for and on their behalf with respect to handling personal business and financial matters. Most DPOAs name an "Attorney-in-Fact", and an alternate in case the first-named person is unable or unwilling to serve. If nobody is available under the POA and the person is competent, it is best to do a new DPOA to name alternates. If the person is incompetent, then unfortunately, you have to go to Probate Court to be appointed as their Conservator (over property) and/or Guardian (over their person)
Customer: replied 7 years ago.
Would my father be able to revoke his poa naming my mother as agent. His stroke was very mild and he is still very aware, can speak clearly, etc.
Expert:  SC Law Attorney replied 7 years ago.
Yes, you father should do a new DPOA if he did not already name another alternate in his first one.