Does a person listed on a Power of Attorney as secondary become primary if the primary is unavailable?
1 attorney answer
There are two types of Power of Attorney. The agent under a Medical Power of Attorney speaks for the person when she cannot communicate. The agent under a Durable [Financial] Power of Attorney can manage the person's finances -- and so can the person herself.
It is not clear to which you are referring or what you mean by saying that your aunt is "unavailable." Whichever you are referring to, it might be a good idea to ask your aunt to fax a notarized statement as to her unavailability and her understanding that that makes you primary. Alone, it may not do the trick. That depends on what the Power of Attorney says.
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