Legal Question in Wills and Trusts in North Carolina
Power of Attorney vs. husband of mother
My mother wants to appoint me as her attorney in fact in the case that she becomes mentally incapacitated. She is married (not my father) and he wants the power of attorney to come to him first and then to me if he becomes incapacitated. How are the husband's rights diminished by the granting of power of attorney to me, her son. The husband is concerned that he will no longer have any say as to the care or financial affairs of my mother. She is at this time mentally sound and capable. Thank You.
1 Answer from Attorneys
Re: Power of Attorney vs. husband of mother
Your mother can appoint anyone she chooses as her attorney-in-fact under a power of attorney. She should appoint someone that she trusts. If your mother becomes incompetent then the person she appoints is the only person that will have the authority to care for her finances. This means that any accounts that are separate from your stepfather, he will be unable to access or have a say in how the money is used. If there are joint accounts then he will continue to be able to access those accounts. We have offices in Charlotte and Greensboro if you need further assistance in North Carolina. 1-877-50-ELDER
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