Legal Question in Wills and Trusts in California

I have sole POA for my mother. I would like to set it up so that if something happens to me, that responsibility passes to my brother. If I designate him as my POA, and I become incapacitated or pass away, will my original responsibility as POA for my mother succeed to him?

Asked on 12/02/21, 5:03 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

No. You don’t have the right to pass it along like that. The options are either a new POA that says he will be the successor attorney, or a separate “springing” POA to him that only becomes effective when something happens to you. In either case your mother has to grant the POA. You cannot.

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Answered on 12/02/21, 5:32 pm

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