Transferring Power Of Attorney

Summary

The users mother, suffering from dementia, has a Durable Power of Attorney (POA) for both health care and finances. The primary holder of the POA is the users sister in West Virginia, and the secondary holder is another sister in Ohio. The user wants to transfer the POA from the primary to the secondary holder due to the relocation of their mother to Ohio. The user is unsure of the process and seeks advice on how to proceed without legal consultation. The POA document states that the authority automatically transfers to the secondary holder if the primary holder passes away. However, it does not specify if the authority can be transferred if the primary holder is unable to perform their duties while still alive.

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Have a POA that needs transferred persons from primary to secondary and also to bring from West Virginia to Ohio for my mother who has dementia and can no longer sign
Who is currently the primary and secondary person on the Power of Attorney (POA)?
One of my sisters and the secondary is my other sister
What is the reason for transferring the POA from your sister to the other?
We are moving my sister from West Virginia to Ohio from a facility but the POA needs transferred to the secondary sister
What is the current mental capacity of the person who granted the POA? This is crucial as it affects the ability to modify the POA.
We're moving my mom from West Virginia to Ohio not my sister sorry
What is the mental capacity of your mother who granted the POA?
The POA person has psychotic dementia
What steps have you taken so far to transfer the POA?
We have no clue that's why I'm asking you we have no clue how to do this
Have you consulted with an attorney in Ohio regarding the transfer of POA? It's important as laws can vary between states.
Can't consult without paying attorney and we've spent all our money on our mother up to this point getting her house emptied moving her items so forth so on
What is the current state of residence of your mother? This is important as the laws for transferring POA can vary from state to state.
West Virginia Beckley
What is the mental capacity of your mother who granted the POA?
Psychotic dementia she's gone in her head
What is the mental capacity of your secondary sister who is supposed to receive the POA?
Both sisters on POA are mentally stable
What is the mental capacity of your primary sister who currently holds the POA?
We just need it switched from primary to secondary because the primary lifts in West Virginia the secondary lives in Ohio where we want to bring my mom
What is the name of the primary and secondary person on the Power of Attorney (POA)?

In general, to change a POA, you may need to revoke the current one and create a new one. However, laws vary by state.
Teresa Maxwell is primary k Sylvia is secondary
What is the type of Power of Attorney (POA) in place - is it a durable, springing, or conventional POA?
Aww it's it's just her financial and medical stuff is what I understand the POA is
What is the exact type of POA your mother has granted? Is it a Durable Power of Attorney for Health Care or a Durable Power of Attorney for Finances?
For health decisions and financial
Primary has signed all the papers to have her put in facility and to deal with her financials
What is the exact type of Power of Attorney (POA) your mother has granted? Is it a Durable Power of Attorney for Health Care or a Durable Power of Attorney for Finances?
Just need to get it to secondary person so we can transfer my mother from West Virginia to here to a facility
What type of facility are you planning to transfer your mother to in Ohio?
Nursing facility for dementia patients
What is the name and location of the nursing facility in Ohio you are planning to transfer your mother to?
We can't pick one before we stop the one in West Virginia
What is the name and location of the current facility in West Virginia where your mother is residing?
Beckley healthcare facility so how do we revoke primary and change it to secondary
What is the current status of your mother's Power of Attorney (POA)? Is it a Durable Power of Attorney for Health Care or a Durable Power of Attorney for Finances?
The primary is taking over up to this point
What is the mental capacity of the primary person on the Power of Attorney (POA)?
Very stable
What is the name of the primary person on the Power of Attorney (POA)?
You need my mother's name Geneva Warden it's her POA
What type of Power of Attorney (POA) does Geneva Warden have - is it a durable, springing, or conventional POA?
It's for healthcare and finances
What is the exact type of Power of Attorney (POA) your mother has granted - is it a Durable Power of Attorney for Health Care, a Durable Power of Attorney for Finances, or both?
Both
What is the current mental capacity of your mother, Geneva Warden?
Psychotic dementia
What is the current mental capacity of the secondary person on the Power of Attorney (POA)?
Very stable
What is the name of the secondary person on the Power of Attorney (POA)?
Kay Silvia
What is the current location of the secondary person on the Power of Attorney (POA), Kay Silvia?
Ohio
What is the current mental capacity of the primary person on the Power of Attorney (POA), Teresa Maxwell?
Stable
What is the current location of the primary person on the Power of Attorney (POA), Teresa Maxwell?
Beckley West Virginia
What is the reason for transferring the POA from Teresa Maxwell to Kay Silvia?
Mom unstable
What is the current mental state of your mother, Geneva Warden, and does she understand the implications of transferring the POA?
She has dementia
Does your mother, Geneva Warden, have a written document revoking the current POA and appointing the secondary person as the new POA?
No
What is the current mental capacity of your mother, Geneva Warden, as assessed by a medical professional?
Incompetent
What is the exact type of Power of Attorney (POA) your mother has granted - is it a Durable Power of Attorney for Health Care, a Durable Power of Attorney for Finances, or both?
Both
What is the current mental capacity of the secondary person on the Power of Attorney (POA), Kay Silvia?
Stable
What is the current mental capacity of the primary person on the Power of Attorney (POA), Teresa Maxwell?
Stable
What is the current location of the secondary person on the Power of Attorney (POA), Kay Silvia?
Can I have this transferred without an attorney
What type of Power of Attorney (POA) does your mother have - is it a Durable Power of Attorney for Health Care, a Durable Power of Attorney for Finances, or both?
Durable
What is the current location of the secondary person on the Power of Attorney (POA), Kay Silvia?
Ohio
What is the current location of the primary person on the Power of Attorney (POA), Teresa Maxwell?
West Virginia
What is the current mental capacity of your mother, Geneva Warden, as assessed by a medical professional?
Incapacitated
What is the current mental capacity of the secondary person on the Power of Attorney (POA), Kay Silvia?
I already answered that several times
I apologize for the repetition. Can you confirm if the POA document has a provision for transfer of authority to the secondary person?
If Teresa passes it automatically goes to k
Does the POA document specify that the authority can be transferred to the secondary person if the primary person is unable to perform their duties, even if they are still alive?
No
Does the POA document have a revocation clause that allows the primary person to revoke their authority voluntarily?