Can a lawyer add a name as a Power of Attorney without asking?
Full Question:
The lawyer who drew up a Power of Attorney for my mother inserted his wife's name as the back-up, in case neither my brother nor I could function. Is this a recognized practice? If so, shouldn't he have asked first? If not, what should we do?
06/05/2007 |
Category: Power of Attorney |
State: New York |
#6198
Answer:
If your mother doesn't wish to have the lawyer's wife named, she should ask him to rewite the document. She cannot be forced to appoint an agent against her will. It is standard to appoint more than one successor so that the power of attorney doesn't lapse.