Legal Question in Family Law in Texas
Dual POA ?
My mother has Durable POA over her mother who is in a nursing home with Alzheimer's disease. My mother was the alternate agent after my grandfather's death. While having this role, my mother has become ill and their may be times when she is sick or unable to make decisions in her mother's care. Is there a way she can have her brother added on as dual POA so that either of them could make healthcare/financial decisions? My grandmother is mentally incompetent to sign any legal forms. If there is no dual POA, what can she do to assign Durable POA to her brother as there is no alternate after my mother on the original signed forms.
1 Answer from Attorneys
Re: Dual POA ?
Your mother's authority under the POA is not transferrable nor assignable. If there is no one to take care of your grandmother, someone will now have to apply for a guardianship. That will cost some money. Sorry, it's part of the cost for not planning ahead. Regrets for your family situation.
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