QUESTION
Can a POA be passed on to the surviving spouse of my sister done without drafting up new documents?
Asked on Aug 21st, 2013 on Estate Planning - Idaho
More details to this question:
My sister and I currently have legal Power of Attorney with regard to our elderly mother. My sister recently passed away.
20 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. Each attorney-in-fact has to be named in a properly executed durable POA.
Answered on Sep 05th, 2013 at 7:51 AM
2 Awards
No. A power of attorney is not transferable. It died when she died.
Answered on Aug 30th, 2013 at 2:55 PM
Probate Attorney serving East Greenwich, RI
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Kristen Carron, LLC
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No. Upon your sister's death, you would become the only POA for your mother. You sister's spouse would not be able to step in as POA in your sister's place, unless a new document is done.
Answered on Aug 30th, 2013 at 2:54 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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It depends on how the POA was drafted. When I do one I ask the person signing the POA what they want to happen if one of the persons with POA dies.
Answered on Aug 30th, 2013 at 2:54 PM
No. A power of attorney is personal and cannot be assigned. You still have your rights under the POA. If you mother wants to add someone else, she will need to execute a new POA.
Answered on Aug 30th, 2013 at 2:52 PM
No, a power of attorney is limited to the persons named in the document. You are now the sole attorney-in-fact for your mother.
Answered on Aug 30th, 2013 at 2:52 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No. A POA is not property. When the attorney-in-fact dies, so does the POA. (And when the principal dies, so does the POA.) If your POA says that either one of you can act, then, and only then, is it valid.
Answered on Aug 30th, 2013 at 2:51 PM
3 Awards
No. An attorney-in-fact needs to be named by the maker to serve not another attorney-in-fact. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.
Answered on Aug 30th, 2013 at 2:51 PM
Her power of attorney died with her.
Answered on Aug 30th, 2013 at 2:51 PM
Thomas Edward Gates
The POA is only valid with the parties identified on the document. It is not passed on to another party if one the attorney-in-fact passes away.
Answered on Aug 30th, 2013 at 2:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Not unless the form provides for this. If your mother still has capacity, a new form can be drawn up. Michigan just changed its POA statute, so having an updated form drawn up is probably a good idea, anyway.
Answered on Aug 30th, 2013 at 2:49 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No. If both of you were given power, it should specify what happens if one is unable to act. If not, your mother needs to execute new POA.
Answered on Aug 30th, 2013 at 2:49 PM
David Thomson Egli
Unless there is a provision in your mother's power of attorney that either appoints the surviving spouse to act as one of your mother's attorneys-in-fact or gives you the authority to name the surviving spouse to act with you as one of your mother's attorneys-in-fact, your mother will have execute a new power of attorney to appoint the surviving spouse as one of her agents or attorneys-in-fact. Powers of attorney, though, are governed by state law. So while I believe the above would be true in most states, it would be advisable to review the POA with an attorney in your mother's state of residence to see what effect your sister's death had on the POA and what steps, if any, can be taken to have her spouse appointed to act as a co-agent with you.
Answered on Aug 30th, 2013 at 2:49 PM
Edwin K. Niles
No.
Answered on Aug 30th, 2013 at 2:49 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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No, a power of attorney cannot be inherited. Your mother will have to sign a new power of attorney document.
Answered on Aug 30th, 2013 at 2:48 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If the two of you held a co-power of attorney, then the remaining person living holding the power would retain the power unless the provisions of the power indicate other wise, ie meaning the power dies with one of the holders of the power who dies. Look art the document carefully.
Answered on Aug 30th, 2013 at 2:48 PM
Sanford M. Martin
If the terms of the POA allow it to be transferred to another person selected by the previous designated person or other person, it can be transferred, but it is likely that it cannot be transferred.
Answered on Aug 30th, 2013 at 2:48 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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No, the power is personal and cannot be "passed on." For this to happen your elderly mother (if she is mentally and physically able) must amend the power of attorney she gave your deceased sister and provide that your sister's husband will now "have that power." You need to retain counsel to help you with this.
Answered on Aug 30th, 2013 at 2:48 PM
2 Awards
It depends on how the power of attorney reads. Usually if one agent dies the other can still serve.
Answered on Aug 29th, 2013 at 2:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, unless you have the authority to name a replacement attorney.
Answered on Aug 29th, 2013 at 2:16 PM