Legal Question in Wills and Trusts in Maryland
transfer power of attorney
My aunt signed a durable Power of Attorney naming my
mother as her said Attorney. The P of A gives my mother the
right ''to substitute and appoint'' in her (my mother's) stead
someone else to ''exercise for an on my behalf as my
attorney,'' by ''written instrument''. My mother wishes that I
take over as my aunt's ''said Attorney'' in her stead when she
become unable (or dies), but NOT before that time. What
''written instrument'' should my mother sign to designate me
as her eventual successor? How should it be worded?
3 Answers from Attorneys
Re: transfer power of attorney
My suggestion here would be for your aunt to sign a new POA designating you as the alternate in the event your mother is unable to serve.
If your aunt is unable or unwilling to sign a new POA, then your mother would need to sign an amendment to the POA designating you as her successor.
I would need to review a copy of the existing POA in order to prepare this document for her.
Re: transfer power of attorney
Your aunt would have to sign a new POA designating you as an alternate. Your mother cannot just assign he duties to you with a new document. It is for your aunt to do. If she is unable to, then your mother would have to continue as POA.
Re: transfer power of attorney
I agree with the others that it is best if your Aunt does a new document, if possible. This will eliminate possible problems down the road if someone might object. If this cannot be done, I can assist you, but I would need to see the original POA so language and references can be included in a document your mother would sign and have notarized.
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