Legal Question in Wills and Trusts in New Hampshire
Several years ago, my parents had Durable Powers of Attorney drawn up by a lawyer. Each were named as the others' agent in case he or she became incapacitated. I have updated the documents to include me and my siblings as alternate agents in case they are both incapacitated. However, my father is now suffering from dementia. I'm assuming he can no longer sign since he is not of sound mind. Does my mother automatically become his agent or does something need to be verified to prove his incapacity?
1 Answer from Attorneys
I'm sorry to hear of your Father's condition.
The answer to your question is in two parts. First, the use of the power of attorney is often governed by the specific terms in the document. Some of them require medical proof, some do not. I would need to read the document to provide further information.
The second part is that there is a form for the Agent to sign that he/she is duly authorized and understands the fiduciary duty imposed. This form is established within the power of attorney statute.
I suggest that meeting with an attorney to review the document and to obtain advice as to how to move foward would be in the best interest of the family.
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