go to an attorney & have a DURABLE poa drawn up also include a section on what your mother wants concerning medical procedures if she gets sick very much like a living will she will sign & you will sign you must have a lawyer do this but make sure it is a durable poa
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
IF the POA document is "Durable", and it granted you the power to transfer your mother's real estate, and it was executed by your mother when she had legal capacity, then you may be able to make that transfer. However, you should seek the advice of an attorney to discuss your options. If the transfer isn't proper it won't vest title in you and your sister and that situation may be costly to correct when you try to sell the property at some future date.
As long as the documents don't restrict his powers. He can do anything she can, including transferring stocks.
If your mother grants you the power of attorney. Otherwise it will require a court order.
The power of attorney has no value. The probate court will have to appoint an executor for the estate, who can then transfer the stocks.
The POA becomes invalid when a person dies.
People can dispute whatever they want. But, assuming the power of attorney was for you if you become incapacitated or incompetent and named your mother as your power of attorney in that instance, she'll lose if she disputes it. You can name whomever you want as your power of attorney and no judge anywhere would rule otherwise.
In most cases it is possible. Unless there are restrictions in the power of attorney document.
Your brother cannot be the 'power of attorney' for your mother's estate. A Power of attorney is extinguished upon the death of the principal. If your mother has died then your brother has no more authority over her property. In order to obtain the legal right to manage her estate you must apply to the probate court for appointment as the personal representative of her estate.
You must be a court appointed guardian to over-ride your mother's decisions. A Power of Attorney does not give you that type of authority.
Only if you have your mother's power of attorney may you pick up your mother's pension.
No you do not. The next person in the list on your Grandmother's trust document steps in as the successor trustee. Powers of attorney are invalid once the principal has died. Your mother's Power of Attorney (which has expired) has nothing to do with your Grandmother's trust.