QUESTION
Does a person who has power of attorney have the ability to sign it over to someone else?
Asked on Nov 04th, 2013 on Elder Law - New Jersey
More details to this question:
i am trying to handle some affairs for my grandmother that require a POA. (Seting up in home care and keeping her out of a nursing home) Her niece is the current POA and will not cooperate (Wants to put her in a nursing home unless I want to take care of her). She keeps telling me that we have to meet at the lawyers so that she can sign all of he legal ability over to me.
1 ANSWER
2 Awards
You cannot assign a power of attorney to another person. If your grandmother is competent, you can have her sign a new POA naming you as her representative. If she is not competent, you might want to consider a guardianship, which will supersede the POA give to her niece. The POA must use the person's funds for things that are in the person's best interest. If she no longer wants responsibility, you might have to do a guardianship, which is a longer legal procedure, but not difficult. If you are in Monmouth or Ocean County, and you would like to discuss this matter, feel free to contact my office.
Answered on Nov 09th, 2013 at 6:50 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship