Livonia, MI asked in Estate Planning and Elder Law for Michigan

Q: Power of attorney - if my sister declines and I am successor can she reverse this if something happens to me

You

We have a power of attorney for financial and one for healthcare issues. My sister is named as primary on both with me as successor. We agreed that I would handle finances and she would handle healthcare. The bank wants a letter of resignation from her declining to be the agent for finances so I can succeed as agent. My sister is worried that if something happens to me (like death) that she will it be able to change it back because she declined it. Our Aunt has just been diagnosed with dementia so rewriting the document is not really an option.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Your sister is right to be concerned, creating a need for a conservatorship to be established. While everyone sounds to be in good terms now, you all could elect to do that now to save the hassle of having to do it in the midst of a crisis.

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