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RocknaHardPlace Asked September 2016

Can a sibling be forced into POA?

Spouse's parent in assisted living until change in condition dictates nursing home. Spouse's sibling has sole POA. Won't describe all that preceded (see previous entries). Suspiciously, now that parent's house sold by real estate agent "friend" & possible skimming of profit, the sib wants to relinquish POA (no more $$ to be gotten), and force my spouse to take POA. Sibling said they are going to speak to their lawyer. We live in PA. I need verification that spouse cannot be legally bound to have POA. Spouse does not want POA. Sib found out POA is WORK & no more $$ for their pocket. The parent is mentally competent. Any suggestions appreciated. Thanks.

Countrymouse Sep 2016
So: taking GardenArtist's point, did your spouse agree to be the alternate when the parent's POA was drawn up?

If so, when the sibling resigns POA it will transfer to the spouse. Spouse would still be entirely free to resign it in turn; and if the parent is competent the parent is free to appoint another.

I'm not quite sure what there is to get aerated about?

Exercising POA is indeed WORK. Doing it under fire all the more so. I'm sorry that caring for their parent has created this stress and friction between siblings.

jeannegibbs Sep 2016
No. No one can be forced to be POA. And a POA cannot assign the role to someone else.

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GardenArtist Sep 2016
I don't know the legal requirements of acceptance and execution by the proxy to undertake duties pursuant to a POA in other states, but in Michigan the proxy must sign and acknowledge that he/she is willing to accept the duties. At least that was a requirement a decade and a half ago.

BarbBrooklyn Sep 2016
If the parent is competent, they can appoint anyone they wish (who agrees) to be their poa. No one can be forced to be poa.

If sibling curretly holds parent's POA, they can not assign it to someone else.

BarbBrooklyn Sep 2016
No.

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