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Dead Agent's next of kin daughter saying she automatically becomes Agent
with POA for principal ( Grandpa) and wants to sell principal's house, put principal in home claiming principal has
memory problems then she, dead Agent's daughter will fly
back home.

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You need to read the document to see who the contingent POA is. The daughter may be right. Or maybe there is no contingent POA. POA agreements are not all the same.
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This is the reason people usually name more than one person to act as POA, sometimes to act jointly, sometimes jointly and severally or sometimes as alternates. It's possible the daughter might have been named as secondary but it doesn't just get passed on to her like an inheritance, as olddude says you need to see the document. And whoever they are a POA acts as an agent for the principal, they can not override the desires of a mentally competent person.
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Normally you would have a back up POA just in case. I am the primary and bro is secondary for momma. Both for medically and financial.
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I am having a hard time interpreting what you say here. Best I can understand is that you say that the principal is in the hospital.
If he is not competent and the POA has been acting for him, and the POA/Agent has died then the document needs to be examined for a "second". The second listed on the POA would become the acting agent automatically. It is highly unusual that there is not a second mentioned.

If the dead POA was a son and there is a daughter, then it will be an easy thing, if the principal is deemed not competent.to make his own decisions, for her to be appointed emergency guardian/conservator. She would then do placement and sale of home, yes.

May I ask what YOUR concern is in all of this?
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cwillie Oct 2023
The "dead agent's next of kin daughter" would be likely be the OP's cousin, I expect the OP feels they have just ass much skin in the game as she does (perhaps more). The OP also asserts that their grandfather is competent, but the woman claiming to be POA says he "has memory problems". Also, this woman's plans to "fly home" once the deal is done possibly implies that due to distance she does not have a long standing relationship or knowledge about Grandfather's abilities (or lack of abilities).... therefore the conflict.
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If the daughter is secondary on the POA then yes she is next in line but, a lawyer may need to put that into effect. Then, how does the POA read, if there is a need for a doctor or more to say principle is incompetent she has no say until that is done. Immediate, he still needs to be incompetent.

The POA has to say she has the right to sell. Just because she is the daughter of the POA does not make her automatically the POA.
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