If I am the Power of Attorney for my dad, do I have the capability to change and name the Executor of his Will?:
My dad had a stroke in September. He changed his Power of Attorney from his attorney to me. I am his daughter. His attorney was on board with this and I have the legal document. I believe that I or one of my sisters should become the Executor of his will. I also believe his attorney will be on board with that. My question is do I have the capability as his Power of Attorney to make the change for the Executor of his will?
Thank you.
Staten’s answer: You may find that most or even all assets pass on death without reference to the Will. Most assets "avoid probate" by a variety of means.
I'm POA for my mother. Grandaughter filed with the court to become guardian.: Mom & I contest being made a ward of the state and grandaughter to become guardian. I do not not live in the same state so I cannot be appointed guardian. Grandaughter is not suitable for many reasons including substance abuse. No wrongdoing on my part and I have been able to provide all her needs to continue to live in her home. Mom has mild to moderate dementia and lives at home with her adult son who also provides care. Can the court revoke a durable POA and name someone else?
Staten’s answer: The Court should employ the "least restrictive alternative" if she is incompetent. If the POA works without a guardianship then the Court should not appoint a Guardian. But, you have a problem that needs much more analysis if you want a complete answer for your family
After 2 years of fulltime caretaking of disabled Alzheimers parent, can Son put her in assisted living without losing home?: Son is the sole caretaker of a disabled parent (the only parent) and has given up working to take care of her. home and banking in both names, she is getting alzheimers and is very bad. He wants to put her in assisted living.
Staten’s answer: Many issues with this one. There are issues with how the assets ended up in both names. Need to know if there are disabled children that reside or could reside in the home. Is it possible for children to buy out half interest at an allowed discount. You need to talk to someone that practices in this area.