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Our patient's POA was activated in 2013 due to advanced dementia. The POA is becoming frail, and the patient never named a successor. Is it lawful for the existing POA to choose a successor POA for the patient, when the patient can no longer understand the circumstances?
2 ANSWERS
That would be a no.
Answered on Aug 25th, 2015 at 8:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to review the original power of attorney, which may, but commonly would not, have a provision to allow for the appointment of a successor. More likely you are going to have to seek the jurisdiction of and an order from the probate court.
Answered on Jul 27th, 2015 at 6:11 PM