Legal Question in Wills and Trusts in Pennsylvania
Power of Attorney
My grandmother gave power of attorney to my uncle. My grandmother now has Alzhemier's and my uncle has just passed away. How do we get power of attorney for my grandmother?
2 Answers from Attorneys
Re: Power of Attorney
if your grandmother has times where she is lucid, maybe in the morning she should execute the POA at that time. It would help to have a doctor make this determination.
If you need help call my office, we are in the Pittsburgh area and offer free initial consultations to all new clients.
Brandon Barnett, Esq.
www.youresquire.net
412-916-1677
Re: Power of Attorney
If the original Power of Attorney did not appoint a successor to your uncle, it depends on how advanced your grandmother's Alzheimer disease is.
If she is still sufficiently competent, and this is a judgment that would have to be made by her doctors and an experienced estate attorney, she could still sign a new Power of Attorney, this time appointing at least one or two successor agents to serve, if the first one cannot.
If she is not sufficiently competent, the only way to act on her behalf with respect to her financial matters would be to have a court find her incapacitated and appoint a conservator of her estate. The conservator would have to get court permission to take any actions on your grandmother's behalf.
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