In 2001, My Mother drew up General Power of Attorney and Durable Medical Power of Attorney, naming myself and two other brothers as her power of attorney. She was soon afterwards diagnosed with Alzheimer's disease and is now totally incapicated. Our sister cares for her at her home. I live 50 miles from her, one brother is now in Kansas and the other suffered a stroke and is incapicated. Is it possible for us to add my sister, who is very competent, to have Power of Attorney also?
1 Answer from Attorneys
You cannot add or modify the POA, only the principal can do that and not if she is incapacitated. You did not say if the General POA is durable as well. If not, the POA will cease to be of any force or effect the moment the principal is incapacitated. Only the durable POA survives the incapacity of the principal. Your sister does not need POA in order to take care of your mother, as she can work under your authority. If you need more authority than you have now, then you must go to court and apply for appointment as guardian and/or conservator.
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