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If someone named a minor as a secondary agent on a power of…

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If someone named a...

If someone named a minor as a secondary agent on a power of attorney document, what would happen if the primary agent dropped off for whatever reason, and the child was still a minor?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

CA

Lawyer's Assistant: Has anything been filed or reported?

Supposedly is a durable power of attorney, but my mom doesn't want it with just her brother as POA. Is it strange for a 74 year old to be power of attorney of his twin 74 year old sister?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just trying to help my mom keep some independence. She has not been diagnosed with anything memory related yet. The doc appointment is Jan 17 Mom is wants to make the changes

Submitted: 7 months ago.Category: Legal
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1/7/2018
Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,628
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
Give me just a moment to review what you've written.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

"Is it strange for a 74 year old to be power of attorney of his twin 74 year old sister?" <---- No, it is not at all unusual for a sibling to serve as power of attorney for another sibling. Anyone that the person trusts to make legal decisions on their behalf can serve as POA and that of course includes a sibling. Please let me know if I've answered your question. If I have, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Customer reply replied 7 months ago
If someone named a minor as a secondary agent on a power of attorney document, what would happen if the primary agent dropped off for whatever reason, and the child was still a minor?... See my mom would like the power of attorney to transfer to either myself or my son when the primary agent is unable to perform the duties.
Lawyer: Olivia Kent, Attorney replied 7 months ago

A minor can't make legal decisions on behalf of someone, I'm afraid.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

So if there was nobody else that could make decisions for that person the court may need to designate someone.

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Customer reply replied 7 months ago
the minor wouldn't be able to be on the papers at all?
Customer reply replied 7 months ago
She just wants the poa to stay with her children after the first agent
Lawyer: Olivia Kent, Attorney replied 7 months ago

It would still be a valid legal document if that's what you're asking.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

There's a fair amount of controversy over whether a minor can be a POA b/c they don't have the ability to enter into a contractual relationship but in theory that wouldn't affect their ability to make decisions on behalf of a family member.

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Customer reply replied 7 months ago
See my mom's brother did not discuss his plans with the family. Suddenly he just said he was her power of attorney and started making changes to her financial situations. My mom is somewhat wealthy, and I'm afraid his intentions are not pure
Lawyer: Olivia Kent, Attorney replied 7 months ago

http://www.allsaintsbh.org/wp-content/uploads/CA-Power-of-Attorney.pdf <-- This is an example of a POA form. As you can see there are quite a few things on that form that would be difficult for a minor to have a grasp of.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

Nobody can suddenly become POA for someone else. That sounds like fraud or undue influence .... and that's something that can be litigated.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

You can't just assign yourself POA for someone else - if mom is capable of making decisions for herself she can rescind the POA now.

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Customer reply replied 7 months ago
I paid a litigation attorney 5000 bucks, recommended by an elder law attorney, and I've only received 1 or 2 emails and no word from them since two weeks before Christmas. I've emailed multiple times and left 1 voice message since and no response
Customer reply replied 7 months ago
I mentioned it might be undue influence, and I've even put a report in to adult protective services. But my mom refuses to believe her fancy super nice twin could be guilty of anything. I personally think he's a narcissistic sociopath but that's just my opinion. About three or four other people agree with me about him but he looks just like her father who has passed and he flashes her that fancy pretty smile and she just melts
Customer reply replied 7 months ago
I suggested to her tonight that we go see her attorney and make some adjustments and she was all for it. See I think her brother is feeling her head with ideas that I'm a bad person which in fact I've done nothing but improve my life and I've been there for my mom for just about everything she's needed for the last year
Lawyer: Olivia Kent, Attorney replied 7 months ago

Givme me just a sec to review what you wrote.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

Well, he definitely CAN be held criminally liable if she didn't agree to the POA... and he just forged her signature or even tricked her into signing. But if she's competent and seems to be ok with the transaction, however it was arrived at there's not much that can be done.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

You could try to get her to that attorney and have her rescind the POA. She actually doesn't even need an attorney to rescind a POA.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

Please let me know if I've answered your question. If I have, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

Hi. I noticed that you have not yet rated the question. Is there anything else I can answer for you?

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