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Naming Alternates!

Name Alternates! I just had a woman come into my office telling me that she is her mother’s power of attorney. However, she, the daughter is ill and wants to name her sister to take over for her. Mom has Alzheimer’s and is not capable of signing new documents. However, daughter is not legally able to delegate her duties as power of attorney to someone else.

Mom should have named one or more alternates in the power of attorney in case her daughter was unable to perform the duties.

What happens now? Mom might end up needing a court appointed guardian.

Always be sure to name alternates in all of your documents (will, trust, health care surrogate and durable power of attorney), and if you have people (vs. a trust) named as beneficiary on your financial accounts also name alternates.

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