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My father's Power of Attorney contains the following language:

"If the above-named person(s) is/are unable to act as my agent, I nominate the following person(s) to serve as my alternate agent(s): SIBLING 1, SIBLING 2, one at a time, in the order listed."

Above named person is me. SIBLINGS 1 and 2 are my brother and sister.

This exists in both his General and Healthcare Durable Power of Attorney documents.

I am able to act as his POA, but desire to delegate that authority to either or both of my siblings. They are willing to take over.

If I provide them each with the POA document, and a signed letter stating that I support and authorize their use of POA, would that be sufficient for them effectively to act on his behalf? What specific language should that letter contain? Do I need to involve and attorney?

Many, many thanks to anyone who can offer guidance.

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Also you can refuse the POA at any time. I would see his attorney and do whatever paperwork that is required to let everyone know you no longer wish to be your father's power of,attorney. The alternate can be appointed and everything will be in order when the time comes to use the POA. Good luck.
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You definitely need to check the California POA and see how it is worded. My brother has POA in Alabama. He is allowed to delegate his powers to whomever he wishes if he can not be available at the time of need. He then rescinds the power when whatever he needed doing is done. This has nothing to do with the alternate. The alternate takes over should he die or not wish to be POA any longer for whatever reason. Alabama signed,this new POA into law in 2012. It is pretty thorough.
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Just want to thank everyone who replied here. This is a very helpful forum. By the way, my father, my brother, and I live in California, and my sister in Tennessee. Should have stated that in the original post.

Thanks again! :)
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Yes you must file a letter of resignation with your parent. One of your siblings must sign an addendum accepting POA authority. The attorney will probably need the original document as it will pass to your sibling.
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Sorry. I misread your post. Speed reading does that sometimes. ;)

Send a letter to the person who named you third successor and the other two people named. You don't have to have an attorney in order to resign.
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POAs are hard enough to get accepted when they're perfect. (At least that's the case here in Illinois.) And I'm sure it does indeed vary by state. Here in Illinois, unless two people are named "co-agents" or some-such, only one person can use the POA at a time. The way to give UP your agency status, you just send a letter to the person who named you indicating that you're resigning.

However, how to make this perfectly clear to others when someone goes to USE the POA is something else again. You need the advice of an attorney.
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Good morning, JamesM. I hope some of my experience may be helpful to you:

My mother's POA appoints me "to be my attorney-in-fact to act for me, in my name, and in my place. In the event she fails to qualify or continue as such, for any reason, I appoint my daughter [my sister's name] to serve as such in her place."

My sister and I work as a team. She lives in another state but visits frequently and stays current on Mom's health and condition and I consult with her and another sister when decisions are difficult or complex. My sister has a copy of the POA document and we have always interpreted the "for any reason" to include if I am out of town or incommunicado. She has never been challenged by anyone while acting in my place. I do notify Mom's Assisted Living staff when I am going to be away, but my primary reason for doing so is to make sure they have my sister's contact information and mine while I'm away. Also, Mom's primary care doctor knows my sister, who comes with us to doctor appointments when she is able, and from filling out the Family Medical Leave Act paperwork for her.

It seems, however, from what I read in this newsletter, that I am richly blessed with unusually cooperative, supportive siblings, which makes our method of handling the POA work very smoothly. How you handle the transition may depend on whether you want to resign altogether or just have backup in case you are temporarily unavailable.

On the other hand, when my best friend and her husband died within months of each other, both had named me as their alternate POA, Executor, and Trustee. In those circumstances, I always supplied the POA or Will or Advance Directive (while my friend was still living) and her husband's death certificate. When acting as Trustee of the Special Needs Trust for their disabled daughter, I would produce the Trust papers and both death certificates.

If the attorney who drew up your father's POA is available, that would be a good place to start. A knowledgable and trustworthy attorney is worth his or her weight in gold. I never could have navigated the tangle of my friends' estate and financial affairs without their attorney, who not only walked me through my responsibilities, but helped shield me from a disgruntled relative.

Best wishes as you sort through this situation.
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Based on my experience, the answer to this question could vary state to state. Best to check with your attorney, if finances are part of the POA. For the healthcare durable POA, a social worker at your local hospital may be able to answer that for you. Probably an addendum will be prepared whereby you sign resigning as POA, and your sibling(s) sign to accept POA in your place.
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