Legal Question in Elder Law in North Carolina

Re: Power of Attorney

For North Carolina law, that will depend on the language of the durable power power of attorney...does it give the agent the "power of substitution" or otherwise permit the agent to name a successor? If not, then NC law says the dpoa "shall cease to be effective." The provisions for substition are under NCGS Section 32A-12.

Re: Power of Attorney

Assuming this is an issue of MA LAw, You need to clarify your question a little.

First, What kind of POA does your uncle have? if it is an ordinary POA, then when your mother ceases to be competent, his Authority stops.

If it is a Durable Power of Attorney, there is frequently named a second person to serve if your uncle can not. If not, then someone should petition for a guardianship and conseratorship for your mother.

You mentioned a Trust. A Trust is a separate document. It should list current and successor Trustees. If not then a court of competent jurisdiction can confirm the appointment of a new Trustee with the consent of the beneficiaries.

If you have more questions, please feel free to call me. However, if your mother or her trust is not in MA you need to get an opinion in the state in which she lives or the Trust was created.