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Transfer POA, HELP FAST!

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polandj

Junior Member
What is the name of your state (only U.S. law)? OR

I'm mostly asking this for my mom. My grandma just went to the hospital the other day and she has been on life support. My mom got a hold of her sister-in-law in VT to find out if she had a living will back there. She found out she did. My grandma had moved out here about 3 years ago and she did not mention to my mom about this document. It was made out with the POA being her brother, their mom's closest relative. Over the past year my grandma hasn't been going out, so my mom was unable to get a POA done for her. Now my grandma is not responsive, and her brother doesn't want to have anything to do with the decisions. Is it possible to have him sign something to hand over the POA responsibilities?

Thank you
 


stilen621

Member
I believe all the brother has to do is resign as POA, and have someone else accept the role. I`m not sure that you need an attorney to do such a thing. If the family members agree on who they want to do it. Just write something up and just to be sure, you might want to have it notarized.




I`m not an attorney but I play one on TV :eek:
 

BlondiePB

Senior Member
I believe all the brother has to do is resign as POA, and have someone else accept the role. I`m not sure that you need an attorney to do such a thing. If the family members agree on who they want to do it. Just write something up and just to be sure, you might want to have it notarized.




I`m not an attorney but I play one on TV :eek:
You believe incorrectly. The only person in this situation that can grant the POA is the person who is unresponsive.
 

BlondiePB

Senior Member
What is the name of your state (only U.S. law)? OR

I'm mostly asking this for my mom. My grandma just went to the hospital the other day and she has been on life support. My mom got a hold of her sister-in-law in VT to find out if she had a living will back there. She found out she did. My grandma had moved out here about 3 years ago and she did not mention to my mom about this document. It was made out with the POA being her brother, their mom's closest relative. Over the past year my grandma hasn't been going out, so my mom was unable to get a POA done for her. Now my grandma is not responsive, and her brother doesn't want to have anything to do with the decisions. Is it possible to have him sign something to hand over the POA responsibilities?

Thank you
POAs are not transferable. Do not take the incorrect advice provided by stilen. Have mom go to the hospital administrator who will provide mom with the paperwork necessary for mom to take to the local court house to be granny's Health Care Surrogate/Proxy.
 
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stilen621

Member
I`m sorry if I provided incorrect info. It was not my intention. Blondie, I thought the poster meant the grandmother was incompetent. If that was the case she wouldn`t be able to sign a new POA correct ? The way my mom`s is written is as such that if I became incapable, resigned, or died then my brother kicks in as POA. I guess it all depends on how thier written? Once again I appologize for any missinformation. :eek:
 

Kiawah

Senior Member
Read the original POA, it may already have a provision in it stipulating who would be POA if the brother couldn't/didn't want to be. Every General POA I've seen had that as pretty standard language.
 

BlondiePB

Senior Member
I`m sorry if I provided incorrect info. It was not my intention. Blondie, I thought the poster meant the grandmother was incompetent. If that was the case she wouldn`t be able to sign a new POA correct ? The way my mom`s is written is as such that if I became incapable, resigned, or died then my brother kicks in as POA. I guess it all depends on how thier written? Once again I appologize for any missinformation. :eek:
Yes, if a grantor (in this case the grandmother) is incompetent, the grantor cannot sign another POA. The OP made no mention of an alternate agent on the POA; therefore, a court order is necessary to designate a Health Care Surrogate/Proxy.
 

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