Westerly, RI asked in Estate Planning and Real Estate Law for Rhode Island

Q: Is it possible that a older sibling can be power of attorney . But cannot do anything without the others consent

Grandfather passed away 6 months ago. He has 4 daughter's one is deceased. The older sister .She wants my other aunt and my mother to sign a waver to become power of attorney of his estate . Can they sign a paper that if they sign the wavier to give her power she still will have to have the other 2 daughter's signature to do anything with the property after that?

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Powers of Attorney are for people who are alive, not for 'an estate' ... something is wrong here either in what is being asked or in your understanding of it.

If what is going on is that someone has petitioned to become executor/personal representative and wants the other siblings (who each have equal rights to act) to 'sign off' and allow one person to handle the tasks, that is common and certainly appropriate under most circumstances, but it MIGHT cause issues if things are not handled properly. Your mother and her other sib should consult with a local attorney to determine what is appropriate and how to best handle things.

This COULD be appropriate, but they need to know exactly what they are signing to insure there won't be issues!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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