Legal Question in Family Law in Texas
my grandmother has a will leaving everything to my brother if she passes and if my brother passes then everything left to his son. my brother has power of attorney over grandmother. my grandmother is still living but has alzheimers and in nursing home, my brother has recently passed away. does my nephew now have power of attorney
2 Answers from Attorneys
Yes - if it's a durable power of attorney. The document itself will state whether or not it "survives" the incapacity of the maker/giver.
You need to let an attorney review this legal document.
A power of attorney ends at the death of a person.
I don't believe that a person not listed can act.
The will and durable power of attorney are 2 separate legal documents.
Please talk to an attorney in your county.
I'm sorry for the loss of your brother.
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