Legal Question in Wills and Trusts in California
My grandma has a power of attorney in place, which names my grandpa as the attorney-in-fact. My grandma is no longer competent, and my grandpa is getting old. Is he able to create a new power of attorney for my grandma, acting as her attorney-in-fact, and then appoint his kids as the new attorney-in-fact(s)?
If so, does he just sign the new POA as, "Grandpa, acting as power of attorney for grandma?"
Thanks,
3 Answers from Attorneys
Many times a POA will have a provision for a successor or alternate. If your Grandmother's POA has such a provision, then your Grandpa could resign and the successor could take over. If not, then your Grandmother would need to create a new POA, assuming she still has the mental capacity to do so.
Mr. Feldman is correct. I would add that if she is not competent and there is no successor, someone will have to file to be named her conservator. He cannot delegate his powers to anyone but a successor named in the POA.
Furthermore, if your grandmother is no longer competent, the power of attorney to your grandfather may no longer be valid. Your grandfather needs to review the current situation with an attorney and then decide what he wants to do.
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