I ask a question a moment ago but had a typo. My father passed and my mother has dementia.. my sister is her POA. In the will mom is executrix.. we are listed if something happens to mom. Who would be executrix? My sister with POA or my sister and I
1 Answer from Attorneys
If your mom is unable to serve, then the will should say who will serve if she can't. The power of attorney doesn't take over in that regard. If you are next in line as Personal Representative then you could go ahead and petition the court to probate the will. Just state that your mom is not able to serve.
Hope this perspective helps.