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 ?

Related Topics:
2 Lawyer Answers
John B. Whalen, Jr.
John B. Whalen, Jr.
Answered
  • 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 ...

John

1 user found this answer helpful

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

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

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.