My mother originally got tricked into signing over power of attorney to my sister when my mother was ill. She now wishes to change that to myself due to my sister not being responsible and trying to take advantage of my elderly mother and her savings. My mother prefers not to have to hire an attorney due to her living off disability. So how would she go about changing that and if so at what point would she be required to let my sister the previous power of attorney know about said change. Being as that will cause conflict. Any help you can offer would be greatly appreciated. Thank You
If your mother is going to execute a new power of attorney in your favor, it is vital that you stay out of the process. Otherwise, your sister will accuse you of the exact same thing of which you are accusing her.
Please have your mother consult with an attorney to discuss the preparation of a power of attorney. Since your mother has limited resources, she may be able to use the legal aid firm in your town (the link is below). When she goes there, please do not accompany her, as this has to be her sole decision. Good luck to you and your mother.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
5 lawyers agree
Guardianship Law Attorney
I agree with Atttorney Pankowski. I will add that your mother may have to notify your sister as soon as the new POA is signed that the current POA has been revoked. Please have your mother check this with the attorney that she sees for the new POA. That is the rule in MA and I am sure TN has some notification rules as well.
Please note: The above is for general information purposes only. It is not intended to establish and does not establish any attorney-client relationship.
Estate Planning Attorney
Mr. Pankowski is correct about your involvement. Most POAs have instructions on how to deliver notice but it probably requires written notice to the current agent that she is terminated. I understand the aversion to legal fees here, but think about the consequences of not using a lawyer. A good lawyer will make sure the transition is as smooth as possible and build a case against the other sister if needed later.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
I agree with my colleagues. I would add that your mother really NEEDS to use an attorney for this, because it is very likely going to be challenged. An attorney will make sure the documents are done properly and will be available to defend them, if necessary. POA forms are not expensive.
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