How do we change power of attorney for my mom?

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How do we change power of attorney for my mom?

My sister had POA for my mom. Mom has dementia and lives in assisted living. My sister just died. How involved is it to change the POA for my mom to my brother and/or myself.

Asked on June 26, 2011 under Estate Planning, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother is no longer mentally competent, you can't change the power of attorney designation. Only the person granting the power can change it--in this case, your mother--and then only if the person is competent at the time he or she does so, which appears to not be the case.

What you can do, if she is incompetent, is petition the court to have either your brother or yourself appointed her guardian to make decisions for her. This is not an uncommon thing to do, though it can be procedurally complex; you and your brother should consult with an attorney specializing in elder law, who can advise you as to the best way to go about doing this. Good luck.


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