How do I get power of attorney over my mother, who has alzheimers, if my father predeceases her?

Question

my father seems to think he can pass it on to me but I'm guessing it's more complicated than that.

Answer 1

Power of Attorney can not be inherited through a will or any other means. A PoA ends:

1) if there is a specified period for the power of attorney and that specified period expires.
2) if notice is given by either party that the power of attorney is terminated (except in the case of irrevocable PoA).
3) if the person with PoA becomes bankrupt.
4) if the person with PoA becomes incapable of making reasonable judgments due to some type of disability.
5) if either party dies.

If your father predeceases your mother then you will have to file legal action seeking to be appointed guardian as there will be no Power of Attorney granted to you by your mother (unless at that time your mother is still considered mentally competant to sign a Power of Attorney).

It would probably be best for you to be granted Power of Attorney (general durable and medical) for both your father and your mother. You do not have to exercise the PoA (your father can certainly continue to administer financial and medical concerns), but it would be best if you had them BEFORE something happens, not after.

Both of my parents are elderly, and my older sister has general durable and medical PoAs for both of my parents. Currently, they are capable of handling their own affairs, and do, but my sister can step in if the occasion arises.

Best wishes to your family.

Answer 2

Yes it's perfectly legal. There is no law that says who you can and can't give power of attorney to. Since you and her were married, Joint Tenancy laws were in effect, so you wouldn't need a power of attorney to sign anything. your wife must have had issues, but as a father, you too have certain legal rights. Contact your attorney.

Answer 3

You don’t need POA you’ll need guardianship. Your mother can’t grant you POA. I don’t believe your father can pass POA to you. You should be able to be appointed your mother’s guardian in the case of your father’s passing. An attorney should be able to set it up for you in advance.

Once you have guardianship, you would be able to handle all your mother’s affairs.

Hope it helps.

Answer 4

It should be written somewhere. If there is a will, it should be a part of that will. Otherwise there will have to be a determination made. If you are the only surviving heir, you will most likely gain power of attorney, put it is easier to pass on if it is written down.

Answer 5

Your father has POA...he needs to call a lawyer and have a document drawn up saying when he dies you become POA for your mom...it does not automatically pass on.

Answer 6

it cannot just be passed on. you have to go thru a lawyer in order to do this.

i am my fathers poa. there is a lot of paper work that must be done first.

goodluck