My aunt has a General/Durable POA that appointed my mother the responsibilities of all possible issues that may arise,however my aunt now resides with me (nephew) and my mom wants to name me as having POA. The POA clearly states that my mom may do this. My concern is the POA was drawn up in Mo. and we now live in Il. Is it possible for my mom to transfer the POA to me?
2 Answers from Attorneys
If your aunt is competent and able to execute a new power of attorney, then the proper way to do this would be for your aunt to revoke the existing POA and for her to create a new one using the Illinois form.If your aunt is not competent, and if the POA provides as you have stated, then your mom could name you as successor agent under the current POA and you would be able to act.
It's possible that you may be able to take the reins. However, I would consult with an IL attorney before taking another step. S/he will need to review the MO power of attorney document, and speak with your aunt and mother, before advising you. This shouldn't cost too much. Feel free to give me a call. I won't charge for an introductory conversation about this.
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