My client's sister became incompetent a few years ago. Before she became incompetent, the sister gave power of attorney to her parents and specified that the power of attorney would transfer to my client if anything happened to their parents. Unfortunately, both parents passed away, and my client inherited power of attorney over her sister. My client now wants select a individual that will inherit the power attorney if anything happens to my client. Can anything be done to achieve this? The power of attorney was filed in PA, and my client lives in CO if jurisdiction has any impact.
You would need to look at the Power of Attorney form to see if anything like this could be done. If the form does not provide it, and most do not, then I do not think she would be able to do this. If something happened to her, the probate court would need to appoint a guardian and/or conservator for the incapacitated sister.
In the meantime, if there is something the Agent cannot do, many forms DO provide the option of delegating powers or hiring a professional for assistance.
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You have posted this question three times already and received three answers. Those were good answers.
The specific language of the power of attorney will dictate what the agent can or cannot do. Generally, a POA does not include the power to delegate or transfer the POA to another person. However, in many estate planning instances the POA will include the power to appoint a successor for just this reason. Review the language of the POA and the state law in PA concerning POAs.
This response is provided for information purposes only. It is not intended to be legal advice and should not be treated as such. For legal advice concerning this matter please see an attorney to discuss your particular situation.
I agree with the other posts. The language of the POA will determine whether or not a successor agent may be appointed. If the POA is silent on the power to appoint successors, you may be able to accomplish the appointment by filing a petition to appoint a successor agent. I have done this successfully in the context of estate administration. The co-administrators of an intestate estate wished to appoint a local family member to take over for them and the Pennsylvania Orphans Court agreed.
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. [email protected]
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