Probate coverage
Husband and wife have a reciprical Power of Attorney. Husband’s father has given his son Power of Attorney. If son is incapacitated, does son’s wife also have Father-in-law’s Power of Attorney?
Probate coverage
Husband and wife have a reciprical Power of Attorney. Husband’s father has given his son Power of Attorney. If son is incapacitated, does son’s wife also have Father-in-law’s Power of Attorney?
Re: Probate coverage
Unless father’s POA allows son to designate someone to act, son’s POA will not allow his wife to act for his father. I suggest all POA’s be revised to name successors in the event the primary holder has predeceased or become incapacitated. I also suggest that if the current POA’s do not have provisions for estate and other planning (like authorizing transfers of assets to reduce taxes or make mediciad transfers) the revisions also include provisions to allow this. I use a form of POA that allows for these matters if you would like my assistance.
Walter LeVine
Walter D. LeVine, P. A.
23 Vreeland Road #102
Florham Park, NJ 07932