Is a brother considered next of kin to a sister who has no spouse or children?

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LinQuin9 Asked January 2015

Is a brother considered next of kin to a sister who has no spouse or children?

And if that brother is elderly can he sign a POA to another? My aunt is incapacitated and my dad is her next closest relative. He lives too far away to be of an legal use and wants to sign a power of attorney over to their niece and nephew. How can that be done?

Elder Law

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score 1 · Answer 1

I agree with Pam above... a POA cannot be signed over to someone else unless the Aunt requests it.

When I got my recent medical POA and financial POA, there is more than one name as my POA for each.... thus, if the first person named is unable to be my POA, then the 2nd name on the POA will take charge, and if that person cannot do so, then the 3rd name on the POA will take charge.

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score 1 · Answer 2

No, it cannot be done. A POA is granted by the aunt. If she is incapacitated, the only option is Guardianship via petition to Surrogate's Court.

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Is a brother considered next of kin to a sister who has no spouse or children?

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