Power of attorney- Mom has for grandma-but what if mom dies?

Question

So, mother has POA for grandmother, and grandmother has been declared legally incompetent. What happens to grandmother if mother passes? Will next of kin automatically be responsible for her? Or will she be sent to state care?

Can mother address this in her will? Does this matter?

Answer 1

when you do a poa, you appoint a primary and usually a secondary for this very case (if mom was primary, she should have had a secondary elected in case anything happens to her that she cant carry out her duties). she can go back and add it in to her will or poa. otherwise, decisions will go to next of kin. the only time that the state/county takes over is if there is absolutely NO ONE to make decisions. in the hospital i work at, we do a dilligent search for ANYONE willing to help out with the patient...friends, neighbors, etc. if possible, before calling the public guardian. good luck.

Answer 2

You have gotten some great answers. Let me recap and add a little.

1. Typically, the person creating the POA list one or two alternates in a POA should the named agent (sometimes called "attorney-in-fact") be unable to act as an agent.

2. If and only if the POA says that the named agent (i.e., your mom) has the power to name a successor, he or she doesn't have that power. (It is atypical for the named agent to have this power)

3. If there is no power of attorney (or no agent), you can sometimes "cheat" with the next of kin making medical decisions, and that there is a designate payee for SS benefits. But this often fails if it becomes necessary to take other action such as dealing with banks or pensions.

4. If you get stuck, and you need someone to be able to legally act on behalf of grandma -- and she is no longer competent to name a new agent -- you would need to start a legal proceeding called a "guardianship" or a "conservatorship"

Good luck

Answer 3

I work as a social worker in long-term care and deal with POA questions all the time. If your grandmother has not appointed a secondary and your mother is to pass then the POA is null and void. What will then happen is someone will have to apply for guardianship which takes money. If your grandmother has been deemed incompetent she cannot now add someone to her POA papers as the notary who signs the papers has to put their name down stating that the person is of sound mind and body.

Answer 4

Usually, the POA document, if set up by a competent lawyer, will name an alternate POA if the first person " chooses or is unable" to fulfill the duties of POA. However if grandma's POA does not state that, then it depends on the situation. Someone may need to petition the court to get POA. No one will likely be "given automatic POA"

However, if grandma is in nursing home care, or something like that, you don't have to worry that she won't get care -- they will defer decisions to the next of kin if they cannot reach POA.

Mother cannot address this in her will, however if Grandma is still competent, she can adjust her POA if there is a concern.

Answer 5

If there are no formal documents filed with the court then the state takes over. If your mother has a will or is planning on getting one those issues can be addressed in it. Also I believe you can have more than one power of attorney listed in an order in case one passes on before the person they have power of attorney for. You would need to check with an attorney(usually they will give some info over the phone for free) and see what the laws are in your state.

Answer 6

Excellent answer already given. I would talk to your mom and have her add in to her will or the POA who she would choose in her place.
I work for an in-home care company and legally must have a copy of the POA if a patient is no longer competent to make decisions so we know who is in charge.

Answer 7

POA is void upon the death of the person. Presumably, your grandfather's will has made adequate provision for the care of your grandmother--in which case it will become the responsiblity of the executor of your grandfather's estate.

If your grandmother is "sent to state care", you can bet that the state will be looking for her assets to cover her costs. Nobody can just keep your grandfather's money, and have the taxpayers look after your grandmother.

Answer 8

Not an attorney.... but it partly it depends on where you live. If something happens to mom, someone else in the family can go to court to be appointed grandma's legal guardian.