Legal Question in Wills and Trusts in Texas

In Texas. When my uncle died my mother found out she was given Power of Attorney for her sister( my aunt), but my mom didn't sign any papers. My mom thinks my aunts children should have the power of attorney. What does she need to do to get it redone for the children to have the power of attorney, They are all over 21.

Asked on 8/08/13, 7:45 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

The person receiving a power of attorney doesn't need to sign anything.

A power of attorney is not transferable. If the aunt wants to make someone else the POA, then the aunt can issue a new POA and revoke the old one.

If the aunt isn't competent, then she can't grant power of attorney. The only way to have someone else act on her behalf is to get letters of guardianship.

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Answered on 8/08/13, 7:50 pm

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