If my sister decides she can no longer act as my mothers primary POA what is she required to do?
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If my sister decides she can no longer act as my mothers primary POA what is she required to do?
My sister and I are listed as my Mothers POAs
in her will. If my sister decides she can no
longer act as my mothers primary POA what is
she required to do?
Asked on January 10, 2018 under Estate Planning, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A will does not and cannot name someone as an agent or attorney-in-fact (those are the terms for someone granted authority by a power of attorney or POA): a will only comes into effect when someone dies, but a POA only grants authority or power to act on someone's behalf while they are still alive. Therefore, since you cannot have a power of attorney over or for a dead person, a will cannot grant a POA. You need to either restate your question, in case you are asking about something different; or your mother needs to redraft her will (if she is still alive and can do this) since what she is attempting to do is not legally possible.
If you mean that the will made your sister the executor or personal representative of the estate, then she needs to send a letter to the probate court stating that she is withdrawing as executor/personal representative. A good idea would be for her to first all the court and ask if there is any particular form, format, or formalities (e.g. notarization) they want. Once she knows how the court wants this letter or notice, she can provide it and will not have to act as executor or personal representative.
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