How do you change a durable POA?

I just moved my 87-year-old mom from assisted living to assisted living in another state. My aunt, who lives in the state that my mom is moving from, is listed as mom’s agent in her durable power of attorney. The papers say that I am to serve in that position if my aunt is unable or unwilling to serve. Do I just take over now that mom lives near me or does my aunt have to some official resignation?

Asked on July 28, 2015 under Estate Planning, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You aunt would have to decline serving as the agent (or attorney-in-fact, to use the proper term). The refusal to serve should be done in writing, and it would not be a bad idea to have it witnessed and notarized the way the POA itself was. If she does not decline serving as the attorney-in-fact, then she will be it, regardless of whether she lives in the same state or not.

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