Co-Agent for POA & Advance Health Care Directive

[Mhami]

What is the name of your state? California

Hello,

Both my brother and I were named as co-agents for my mom's POA and Advance Health Care Directive in the event that my dad was no longer alive. My dad passed away and so did my brother. I am the only one available named as an agent. However, the wording is that it is my brother "AND" me. Is the word "AND" going to be a problem for me in the event that I will need to step in to help my Mom since my brother is no longer alive?

Do these documents need to be revised? Or will they still work if needed?

Thank you any input you have! I really appreciate it!

Sincerely,

Mhami

 

[LdiJ]

What is the name of your state? California

Hello,

Both my brother and I were named as co-agents for my mom's POA and Advance Health Care Directive in the event that my dad was no longer alive. My dad passed away and so did my brother. I am the only one available named as an agent. However, the wording is that it is my brother "AND" me. Is the word "AND" going to be a problem for me in the event that I will need to step in to help my Mom since my brother is no longer alive?

Do these documents need to be revised? Or will they still work if needed?

Thank you any input you have! I really appreciate it!

Sincerely,

Mhami

I do not have the answer to your question, but I do have some advice. If your mother is currently still of sound mind, it might simplify things just to have the POA and the Advance Health Care Directive updated to reflect that it is just you.

 

[zddoodah]

Is the word "AND" going to be a problem for me in the event that I will need to step in to help my Mom since my brother is no longer alive?

Since he's dead, it shouldn't be. You should have certified copies of your father's and brother's death certificates available anytime you need to act pursuant to the POA/advance directive.

Do these documents need to be revised?

If your mother is still mentally competent, updating the POA/advance directive will prevent any possible issues.

 

[Mhami]

Thank you for the replies!