Can the 'Successor Agent' simply move forward and take charge as POA?


My sister executed a POA in 2010 (it was notarized and recorded as required in the state of California). In the POA, my sister (who has MS by the way) appointed her husband as her 'Agent', and another sister as the 'Successor Agent'. The 'Successor Agent' name and address (in 2010) is clearly stated in the POA.

It is not now 2017 and my sister's husband no longer wants to be the 'Agent' under the POA (he is unwell), and wants the 'Successor Agent' to act under the POA. The 'Successor Agent' is willing and able to take over the role as 'Agent'. Is there anything (e.g. document) that is required?

I should mention that the sister who executed the POA in 2010, and who has MS (multiple sclerosis) may not now be considered mentally competent to execute any documents.

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I look at POAs every day for work (financial services - all POAs that are questionable come to the legal team for my review). When we have a successor agent step in while the primary agent is still alive, we ask for the first agent's resignation. It doesn't have to be complicated, just that the primary is no longer able to be the agent. Some states may require the new agent to "accept" (it's usually labeled "Important Information for Agent"). If this isn't required in your state, it certainly doesn't hurt to have the successor agent execute a simple document indicating that they have accepted the role of agent in light of the primary agent's resignation. In a legal context, it's really not a big deal. Agents can become incapacitated, ill, or simply not want to act as POA. That's why people should name a successor agent (or two!).

If the POA was recorded for real estate purposes, it would be a good idea to re-record the POA with the resignation and acceptance, so that it is a public record as to who is actually acting as agent on your sister's behalf.

Best wishes.
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That's why there is a successor agent named in the document -- so it can go into effect even if the principle is unable to name someone at that time.

While don't you call the office where the original was registered and ask if they need to be notified when the successor takes over?
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Why not? This situation sounds exactly why a successor is set up in the first place.
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