My husband is co-POA w/ his sister. We are trying to speak with and eldercare attorney but they want to also speak w his sister. She is in another state and also has been manic and in and out of the hospital for the last three months.
Would her mental state declare her unfit to continue to be coPOA? We are trying to move processes along to get assistance for my FIL but she is in the hospital again and will not be able to speak to the eldercare attorney.
First, have your husband carefully review the POA document. Does it specifically require both siblings to act together, or can either act independently? In many states, co-agents can act independently unless the document states otherwise. Your husband may already have authority to proceed without his sister's participation.
Second, if your father-in-law still has the mental capacity to understand what he is signing, he may be able to revoke the existing POA and appoint your husband as sole agent.
If your FIL lacks that capacity, the attorney can explain whether the sister can voluntarily resign, whether the existing document provides for an incapacitated co-agent, or whether court intervention is necessary.
I would ask the elder-law attorney to review the document and advise your husband about his existing authority, even if the sister is temporarily unavailable. He shouldn't necessarily have to wait months for her hospitalization to end just to obtain legal advice.
Note: The laws governing co-agents and their removal can vary by state so this is why you need to consult with the elder law attorney for your FIL's home state.
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Definitely speak to a lawyer.