Legal Question in Wills and Trusts in California
Transfer of Power of Attorney
I have taken over the handeling of my mothers care and legal affairs from my sister.
She is the legal Durable Power of Attorney with her son as the first and only alternate.
My mother is in a moderate state of diagnosed Alzheimers Disease. How can we transfer Durable Power of Attorny to me as the primary care-giver and manager of her affairs?
1 Answer from Attorneys
Re: Transfer of Power of Attorney
It depends on what the power of attorney says. For example, my powers of attorney typically say that if the first person nominated is unwilling or unable to serve, then someone else is nominated. If you have similar language and are the second nominee, you will need a lawyer to help with the documentation to show that your sister is resigning, and you are taking over.
If you are not the secondary agent under the power of attorney, it is a bit harder. If your mother is still mentally competent to execute documents, the easiest thing would be to just set up a new power of attorney with you as the agent. On the other hand, if she is no longer mentally competent, then you might be stuck going to court to ask for the court to appoint you.
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