QUESTION
Should I go to a consultation first.
Asked on Nov 04th, 2019 on Estate Planning - Pennsylvania
More details to this question:
My mother has early dementia. Her husband died 3 years ago. His will and hers states be and my sister are power of attorneys. His cousin stepped in and does her finances because she doesn't want us to see money. Now he's trying to get POA. Should we take her to update will?
1 ANSWER
2 Awards
An agent under a Durable Power of Attorney cannot be appointed by Will. A Durable Power of Attorney is only effective while the person granting it is alive. A Will is only effective after the person has died and the Will has been admitted to probate (proving) by a court.
Your mother may have legal capacity to make a Durable Power of Attorney, a Will, or both or neither. To find a local elder law attorney, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Answered on Nov 05th, 2019 at 5:05 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.