QUESTION
Can I be my stepfather's secondary power of attorney being the only biological child of my mother?
Asked on Apr 20th, 2013 on Estate Planning - Michigan
More details to this question:
If my stepfather has power of attorney over my mother and I am the only biological child of my mothers, can I be assigned as the secondary power of attorney in case of his death or illness? He is trying to make his biological daughter her secondary power of attorney without my consent.
19 ANSWERS
That depends on your mother's wishes. She would designate the primary and secondary persons under the POA.
Answered on Apr 23rd, 2013 at 10:11 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Your mother can give a power of attorney to anyone she chooses. She could choose you to be the secondary attorney-in-fact, or she could choose her stepdaughter. Your consent is not required. I encourage you to talk to your mother and stepfather about your concerns.
Answered on Apr 23rd, 2013 at 8:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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This is a little weird. The power of attorney form should identify the first, then the second and, maybe the third people in line. It does not normally allow the first to pick the second, although it may be possible. If in this case, it gives your step-father that right, then there really isn't anything you can do about it. You could sue for guardianship of your mother, but that assumes that she needs a guardian. And you would probably have to prove that your step-sister would not provide the type of care that is necessary. As far as death goes, your mother's will should identify who she wants to be her personal representative. And finally, ask yourself, is there a reason why your mother doesn't want you handling her affairs. It may be that your step-father is following your mother's wishes.
Answered on Apr 23rd, 2013 at 1:35 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Unfortunately you don't need to consent. The power of attorney is your moms to give and revoke as she sees fit.
Answered on Apr 23rd, 2013 at 1:26 AM
3 Awards
Normally it is the decision of your mother, unless she specifically gave that power to her husband. I suggest that you have the power of attorney reviewed by an attorney to determine if/how another successor may be named. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 22nd, 2013 at 11:54 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Only your mother can designate her Power of Attorney and alternate Power of Attorney. If she cannot make this decision on her own, then it is too late to nominate someone else. Your mother must be able to understand and sign the document which nominates the people who are her Power of Attorney.
Answered on Apr 22nd, 2013 at 11:23 PM
If your stepfather is competent he is entitled to have whomever he wishes as his agent. Being a named agent does not give a person any right to name an additional agent unless that person is expressly given that right in the power of attorney.
Answered on Apr 22nd, 2013 at 11:12 PM
If your mother is still competent and capable, only she can determine who has primary or secondary POA. If she is no longer able to make this decision herself, the primary can assign some of those duties to any competent person of his choice. However, should he die before your mother, a court may need to decide who has the authority to make decisions on her behalf. There is no legal obligation that I am aware of that requires someone to name a biological child as POA. However, without a POA for health care, the health care providers would probably look to you to make crucial decisions.
Answered on Apr 22nd, 2013 at 10:21 PM
Edwin K. Niles
It's Mom's decision she can name anyone she chooses as long as she is competent.
Answered on Apr 22nd, 2013 at 10:14 PM
2 Awards
This is not about your consent or what your stepfather wants, it is about what your MOTHER wants. If your stepfather is influencing these decisions, you need to speak up. He cannot legally make these types of planning decisions for her.
Answered on Apr 22nd, 2013 at 10:11 PM
It is up to your mother who she wants to be her agent and contingent agent in her power of attorney.
Answered on Apr 22nd, 2013 at 10:01 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Tell your mother to revoke the power of attorney to your step father and execute a new poer of attorney naming you as her holder of the power. As to your question, NO.
Answered on Apr 22nd, 2013 at 9:45 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Only your mother can designate someone as her agent under a power of attorney. If your mother wants you as the alternate, she can so designate.
Answered on Apr 22nd, 2013 at 9:42 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Your mother can give power of attorney to anybody she wants, regardless of how or whether they are related at all. You have no right to consent or to object. If you know of a reason why it would be bad FOR YOUR MOTHER for her to appoint your stepsister, talk with her.
Answered on Apr 22nd, 2013 at 9:41 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You CAN be, if your mother agrees to it, and has capacity to sign a new POA. It sounds like that may not be the case. You are not entitled to a "say" in this and they do not need your consent. POA can only be granted by the person in question, which is your mom, in this case. She is free to choose whoever she wishes to act on her behalf.
Answered on Apr 22nd, 2013 at 9:37 PM
To answer both of your questions, yes. Your stepfather can choose anyone to be his attorney-in-fact or health care proxy under either a power of attorney or a medical power of attorney. The choice is totally up to him to make, assuming he has the mental capacity to do so.
Answered on Apr 22nd, 2013 at 9:32 PM
It may help to understand how Powers of Attorney work. If your Mom elects to have one, she names who she wants to be her agents. If your step-father wants a Power of Attorney, he names who he wants to be his agents. Your step-father may NOT name agents for your Mother, only for himself. Does that help?
Answered on Apr 22nd, 2013 at 9:31 PM
Thomas Edward Gates
You mother determines who the power of attorney may be. This person does not have to be a family member.
Answered on Apr 22nd, 2013 at 9:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would ask you to call for an appointment to discuss the details, I am not quite certain what it is you are trying to accomplish or prevent.
Answered on Apr 22nd, 2013 at 9:27 PM