JulieWI Asked December 2010

What happens when the person who has POA dies?

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My brother is financial POA for my mom. I have healt care POA. The form for health care had a place to list a "secondary" so my brother is listed on that. But the financial POA form for our state did not have that option.

If something happens to my brother, how do I become POA for mom's finances? Mom is no longer capable of signing off on that. Can my brother do something now so it would pass to me? We also want to make provisions for my mom's sister to take over mom's care in case something happened to both of us. I'm not sure how to do this.

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JulieWI Dec 2010
Mom is in Stage 6 Alz. I can point to a line and she will sign it (badly) but she has no understanding of what she is signing. I don't think any responsible notary would notarize her signature.

You said the "changes" could be made. I don't even know where to make them. There is no where on the POA form to put a name of someone to take over if the POA dies. I was wondering if the POA can write some kind of document stating who should take over if something happens to them.

All of this is just planning for the worst case. But better to do it now than need it later and nothing was done.
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It is too bad that all of these arrangements had been made earlier.

What exactly do you mean that your mother is not capable of signing off? Are you speaking of physically capable or mentally not competent to make such a business decision?

As long as she is mentally competent and physically able to make an x beside her name as her mark with two people who sign a document as witnesses to her having signed it, then all of the changes could be made as stated above. I'm not a lawyer, but our family lawyer helped us accomplish this.
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