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sumlerc Asked March 2012

Can I delegate POA to some else?

I'm not planning on anything happening but I would like to be proactive in the event that I am somehow unable to act as POA for my Parents. Basically, I want someone to be able to make decisions about my Parents care and pay the NH if I can't. Can I delegate POA to my Husband or next reliable family member?
No stones left unturned.

EXPERT K. Gabriel Heiser Mar 2012
Typically, the named agent under a Power of Attorney can NOT delegate his/her authority and powers to someone else, absent specific language in the POA form that allows them to do so.

EXPERT Jon P. Beyrer Mar 2012
In general, powers of attorney are meant to be used specifically by one person: the Agent or "Attorney In Fact". If the agent cannot act, the document should name a successor or contingent agent. As the agent, if you work with other advisors, you're still responsible for the work they do and the advice they give.

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jeannegibbs Jun 2016
Generally the POA has the authority to transact business on behalf of the principal, including selling assets to pay for the principal's care. I don't that any assets would be excluded based on who purchased the asset originally. If it belongs to the principal that is what counts. I don't know what "paid for tax wise" means.

Can you explain this a little more,gimmeshelter?

anonymous95109 Mar 2012
Hi Sumlerc: I'm not sure how to answer that question. When we met with an attorney to set up my parents POA, I had my husband listed as an alternative and also a brother and a sister. Of course, my parents were present and in agreement. It sounds like you should consult an attorney about this, unless your parents are mentally capable of signing a new, updated POA. You've presented a good question here and one that many may not have considered.

notrydoyoda Mar 2012
You bring up a very good question and one that is often not considered. Unless the POA states that there is an alternate listed, you can't just hand it over to someone for you are legally the POA. If your parents are mentally capable of singing a new, updated POA that is notarized, then I would do that as soon as possible. Your parents will need to sign a document revoking you being the sole POA in order for the new, updated POA to be valid. I think you will need an attorney to help with this. Now, if your parents are not mentally capable signing all of this, then whenever you cannot serve their POA, then someone in the family will need to file to be their guardian. Thanks for leaving no stones unturned. I wish that my mother, the lawyer or I had thought about this when we had the durable and medical POAs written up for her because that has been a concern of my wife's in case something were to happen to me and I was not able to function as my mother's POA.

sumlerc Mar 2012
Thanks for all of the replies, I am working on my husband being my successor, if if its ok with my Parents. I will feel complete with this one extra step, oh and setting up direct deposit to the NH.

kali1nj Jan 2018
The General Durable POA we have for my father-in-law specifically includes wording allowing the Agent, my mother-in-law, to delegate written authority, for any or all powers, to anyone she chooses.

sumlerc Mar 2012
Thanks for sharing, I had this conversation with my Husband (DH) and he happily volunteered to act in my place but of course we must discuss this with my Parents, I'd like to take it further and add my adult Niece after my husband because he and I travel together often. I know there will be no problem with DH as they have him as the Exeuctor of their Will.

Junkkit Jan 2014
I have wondered if a designated POA can name a co-POA to help in getting things accomplished.

Concern4parent Mar 2014
Question: In the process of choosing a POA in a family of four siblings for a parent. Are the other siblings required to sign off to allow one siblings to be the POA? In my family one sibling was made POA without the other siblings knowledge.

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