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Brother Had Power of Attorney & He Died...

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Paige26

Junior Member
What is the name of your state? New Jersey

My mother has Alzheimer's disease, and a couple of years ago when she was in the first stage of the disease my brother had her sign a Power of Attorney giving him control. He died three days ago. Is it possible that he put his wife's name on the POA? My mother would have never given him POA if she knew what she was signing. Also, she hated my siter-in-law, and I feel sick just thinking of her having power over my mother.:(

I cannot sleep I am so worried. Any information would be greatly appreciated.
 


BelizeBreeze

Senior Member
What is the name of your state? New Jersey

My mother has Alzheimer's disease, and a couple of years ago when she was in the first stage of the disease my brother had her sign a Power of Attorney giving him control. He died three days ago. Is it possible that he put his wife's name on the POA? My mother would have never given him POA if she knew what she was signing. Also, she hated my siter-in-law, and I feel sick just thinking of her having power over my mother.:(

I cannot sleep I am so worried. Any information would be greatly appreciated.
a POA is not rassignable unless a contingent POA is stipulated in the original by the ORIGINAL maker, your mother.

In the present case, you need to petition the court to appoint a guardian for your mother as she will not be found competent to appoint a new POA. The sister in law has NO LEGAL standing.
 
a POA is not rassignable unless a contingent POA is stipulated in the original by the ORIGINAL maker, your mother.

In the present case, you need to petition the court to appoint a guardian for your mother as she will not be found competent to appoint a new POA. The sister in law has NO LEGAL standing.
I agree ... but you need to read the POA to see if there is a successor agent listed. Most attorneys recommend this, but it the principal's final decision.
 

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