Full question:
My mother-in-law in PA is 85 and had her oldest son set up as power of attorney and executor. Both are having health problems now. Is there any legal way to have another son/daughter take over as power of attorney or executor? The mother's lawyer has said that there isn't. The eldest son has just started dialysis and also has vision problems.
- Category: Power of Attorney
- Date:
- State: Pennsylvania
Answer:
If the documents do not name successors, the ability to change the power of attorney or executor depends on whether the mother has the mental capacity to make such changes. The principal (the person granting power of attorney) must understand the nature and consequences of their actions when signing or revoking a power of attorney.
When a person is incapacitated, they cannot sign a will, power of attorney, or revocation of the same. It is important to assess her mental capacity with a physician. A will must be properly executed while the person still has legal capacity, meaning they understand the nature of making a will and know their assets and family members.
Testamentary capacity requires that the individual is free from delusions and understands the act of making a will. If a person waits until they are ill or incapacitated, it may be too late to make changes. A will can be contested on various grounds, including lack of mental capacity at the time of execution or improper signing and witnessing.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.