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?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.