If my name was added to both a medical/durable POA over my mother as an alternate agent without my permission, are the POA’s still valid?

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If my name was added to both a medical/durable POA over my mother as an alternate agent without my permission, are the POA’s still valid?

The POAs were completely filled out with my name added by my sister and brother without my consent before they had mom to sign in front of witnesses and a notary friend of theirs.

Asked on December 11, 2015 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They are valid if you want them to be. However, you *cannot* be forced to be an attorney-in-fact (that's the term for the person granted power by a POA) against your will, so you don't have to function in this capacity if you don't want to. You should both speak to your sister, brother, and mother and also send them something in writing, sent some way that you can prove delivery, letting them know that you did not agree to be the attorney-in-fact and refuse to serve in that capacity, so they should select someone else.


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