Philadelphia, PA asked in Estate Planning for Pennsylvania

Q: How to authorize power of attorney ,Wife's mother just put in nursing home care Wife is named in will as POA

My wife was second in the Power of attorney ,if her brother could not perform the task ,He passed away 12/31/2020 will was written about 8 months prior. She needs to sell the house and put it in trust for her mother to be used to pay for nursing home care, because of her brothers death she is also executor of estate , what does she do to show Power of Attorney is in force ?

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2 Lawyer Answers
John B. Whalen, Jr.
John B. Whalen, Jr.
  • Estate Planning Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: ... hello ...

... to start, it seems that you may be confusing a few terms ... it also appears that you may be referencing two different documents - a Last Will (you had mentioned an Executor) and a Power of Attorney (you had mentioned that she is the second in that - behind her brother) ...

... to assist your wife in getting appointed as "Agent" under the Power of Attorney, she needs to locate her mother's Power of Attorney and then sign the "Acknowledgment" attached to that document - she does not have to do anythint with the Last Will ...

... I hope I have cleared things up a bit ... it's a confusing area of law ...

... let me know if you have any other questions ...

... good luck ...


1 user found this answer helpful

W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Boyertown, PA
  • Licensed in Pennsylvania

A: A certified copy of the brother's death Certificate should do the trick.

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