Legal Question in Wills and Trusts in Maine
My husband and I each recently had durable powers of attorney drawn up. He is my agent and I am his. Someone asked what would happen if we both become incapacited at the same time, such as an accident. In that case, we would like our adult daughter to act on our behalf. Should that have been mentioned in our P.O.A. or is there another document for that situation?
Asked on 12/09/12, 6:07 am
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
Your Durable POA should have a provision in it for an alternative agent to act if your primary agent is unable or unwilling to perform when needed. It is a standard drafting practice to include an alternate.
www.atrlaw.pro
Answered on 12/10/12, 4:58 am
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