If my sister decides she can no longer act as my mothers primary POA what is she required to do?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my sister decides she can no longer act as my mothers primary POA what is she required to do?

My sister and I are listed as my Mothers POAs
in her will. If my sister decides she can no
longer act as my mothers primary POA what is
she required to do?

Asked on January 10, 2018 under Estate Planning, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A will does not and cannot name someone as an agent or attorney-in-fact (those are the terms for someone granted authority by a power of attorney or POA): a will only comes into effect when someone dies, but a POA only grants authority or power to act on someone's behalf while they are still alive. Therefore, since you cannot have a power of attorney over or for a dead person, a will cannot grant a POA. You need to either restate your question, in case you are asking about something different; or your mother needs to redraft her will (if she is still alive and can do this) since what she is attempting to do is not legally possible.
If you mean that the will made your sister the executor or personal representative of the estate, then she needs to send a letter to the probate court stating that she is withdrawing as executor/personal representative. A good idea would be for her to first all the court and ask if there is any particular form, format, or formalities (e.g. notarization) they want. Once she knows how the court wants this letter or notice, she can provide it and will not have to act as executor or personal representative.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption