Craig, CO asked in Elder Law and Estate Planning for Colorado

Q: How do you transfer Power of Attorney (Financial) when someone no long wants the responsibility?

My mother in law is 78 and can't sign paperwork, she had given the Power of Attorney to her sister who now no longer wants the responsibility, how do we transfer that to my husband (the son)?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: It is not clear what "can't sign" means. If there is a physical limitation, a lawyer can sign in place of the woman (make sure to make this clear to the attorney that they will need to sign in place of the client). If there is something else that prevents a signing (e.g. mental impairment), the issue can get more complex. Contact a probate/estate planning attorney for guidance. Beyond that, transferring PoA is an easy process. Also be aware, an agent (her sister) can always repudiate (cancel) the PoA unilaterally (that is, you cannot force someone to have a PoA powers without their continued consent).

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