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Who takes over a POA of a parent if the child does not want it?
I am an only child and do not get along with my mother. She is 65. I have made it known in the last several months due to an issue with her, that (I do not want any legal POA over her medical/personal, finanal affairs). She needs someone that she is close to and is comfortable with, a person of her choice. I do not have the temperment to take this on for her. I feel guilty for this and am still upset and stewing about it. But, I don't want the responsibility.
Question: When she changes her Will (soon) who can she appoint if she doesn't want another family member to do it? The attorney doing the will, courts?
@Vet's D: Yes, I know she can have a family member or friend. I think she is giving me the guilt trip with "I don't know who I can have do this". I just thought if she wasn't comfortable with asking a family member, would the attorney doing the will be the excutor over it? Is that common?
She mentioned something about (Estate/court) appointed to take over. Any ideas?
3 Answers
- 8 years agoFavorite Answer
She can appoint anyone that she wants to be her POA (you do know that she isn't required to have a POA and that it has nothing to do with her will, right). It can be a friend, relative, lawyer, neighbor, etc. If you are asking who she can appoint to be the executor of her will, it is the same thing. Whoever she wants, including her lawyer.
- ?Lv 78 years ago
The attorney preparing the paperwork will require her to name someone to be the executor. Anyone. And an alternate. And yes, the attorney would be happy to be the executor, as it means more income for very little work.
You can be her agent and never really need to do anything, depending on her health.
