Q: If my mom has a POA for her significant and her current mental state requires me to assume a POA for her what happens?
Does my POA cover for both or will I have to figure out how to get one for her significant?
A: No. The POA naming you as attorney-in-fact for your mom does not authorize you to act in her place as the attorney-in-fact under another person's POA. In the absence of the significant other's ability to designate another agent to act, it will be necessary to petition the court and be appointed guardian of their person and property. Many POAs have within them a specific provision naming a successor agent to the primary agent in the event of the first named agent's inability to act, as well as naming those same persons to act as guardian of the person and property in the event that is required.
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