Germantown, MD asked in Estate Planning for Maryland

Q: If a 76 year old has a power of attorney of her 100 year old mother who is incapacitated and she gives her power of

Attorney to her niece does she still have POA of her mother

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1 Lawyer Answer

A: Any competent person can name an Agent in a power of attorney. If I understand the post correctly, it asks whether an Agent making their own power of attorney invalidates the authority they have under someone else's power of attorney? If so, the two are unrelated. Most of the time a properly drawn up power of attorney will name a back-up to serve, so if for whatever reason an Agent is incompetent, then the successor Agent should step up.

While I hope this general information helps it does not take the place of getting legal advice on a specific situation.

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