My mother has POA over my sister that's in a nursing home. My sister is incapacitated! Can my mother give me POA over my sister in the event that something happens to my mom before my sister? Is there a way or a certain language for my mom to have wirtten in her POA that she wants me to take over POA for my sister?
No. The power of attorney is personal, meaning the ability to assign the power belongs only to the principal (i.e., your sister). It cannot be reassigned or sub-assigned by the agent (i.e. your mother) to another person. The only way this might have worked is for your sister to have named you both as joint alternative agents or to have named you as successor attorney-in-fact in case your mother is unable or unwilling to serve. Sounds like that is not the case.
If you sister is incapacitated and that is unlikely to change, you'll need to file a petition for guardianship over your sister once your mother no longer fills that role. Best of luck.
You can't have your mother assign her POA for your sister over to you. Your sister's POA controls. The next named person on her POA can take over for your mother if your mother resigns, dies, becomes incompetent, or otherwise ceases to serve. If you happen to be the next named person on your sister's POA, just have your mother resign.
A POA reflects the wishes of the principal that makes it. Your sister's wishes would not be honored if your mother were allowed to transfer her power to you. Additionally, it appears that your sister does not have the requisite capacity to draft a new POA.
The information provided herein is not, nor is it intended to be, legal advice. It is for informational purposes only. No attorney-client relationship has been created and we have no obligations to you or your case.
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