It really depends upon the language in the power of attorney. If it is broadly drafted some POAs give all powers that a person could do individually. So she may have this power to bring this action. Without seeing the document, no one at this forum can give you a definitive answer.
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POWER OF ATTORNEY (“POA”)-
An instrument in writing whereby one person, as principal, appoints another as his agent and confers authority to perform certain specified acts or kinds of acts on behalf of principle.
The "Power" becomes a DURABLE POWER OF ATTORNEY when person executes a power of attorney, which will become or remain effective in the event, he or she should later become disabled.
Now that we understand what is a POA the “agent” is sometimes referred to as the principle’s attorney-in-fact (“AIF”) and only has the powers delineated to him by the language in the POA. So without reading the POA it is impossible to know the powers the principle has given the AIF.
See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
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