Legal Question in Wills and Trusts in Wisconsin
Power of Attorney
Can one child take power of attorney for thier mother, who is suffering from stroke, without the knowledge or approval of other siblings. If this happens is there any recorse for the sibling left out in the cold.
1 Answer from Attorneys
Re: Power of Attorney
The issue in your facts relates to your mother's
competency with respect to granting a sibling a
power of attorney. Even though your mother had a
stroke, if she remained competent, she is the
person who decides who to give her power of attorney
to. The exception would be if your mother is so
swayed that the influence of the other sibling may
be construed as "undue influence." In such cases,
your recourse would be to file a petition for your
mother's guardianship, but you would need proof that
she is in fact unable to handle her own affairs,
perhaps even citing the "undue influence" of the
other sibling.
Good luck.
Tom Schober
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