My grandmother is in her 80’s and still very active and mentally “with it”. After a recent hospitalization, though, she decided to transfer Power of Attorney to her only child, my father, just to be prudent in case of future situations.
Separately, during the past month, my father has been diagnosed with Stage IV cancer that is terminal. He has signed over his OWN Power of Attorney to his wife, my stepmother. Where does this leave my grandmother’s Power of Attorney? Still with my father? Or transferred to my stepmother along my father’s by default? Thank you.
ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU:
I am sorry to learn about your father’s condition. It is smart of him to take care of his own planning; but that is exactly what it is, planning for himself.
Your father is still the power of attorney for your grandmother and will continue to be until he resigns, becomes incompetent, dies, or is removed by your grandmother. If any of these things happen, then the successor named in your grandmother’s power of attorney will become her agent.
Your grandmother should execute a new power of attorney naming someone other than your father and a successor after that person.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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