How do I execute a Power Of Attorney?

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How do I execute a Power Of Attorney?

My mother has dementia. It isn’t bad yet, but the condo she and I live in is in her name. It may be necessary to transfer it into my name. Also, the POA was drawn up by an uncle in 1999 when he was a practicing attorney. Is it still effective?

Asked on December 27, 2010 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am a bit confused because it appears that there is a Power of Attorney already in place.  Am I correct?  The Power of Attorney is valid until revoked or the party for whom it is made dies.  Your Uncle was a licensed attorney when he prepared it and is still a licensed attorney now, albeit retired.  May I suggest, though, that because of your Mother's condition you may be questioned as to the use of the Power of Attorney by other family members for transferring the property in to your name (do you have siblings?) and becoming the conservator of your Mother's estate may be a better way to go.  Speak with by your Uncle (he can still advise you being retired) or another attorney in the area that does estate planning.  Good luck.


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