Follow
Share
This question has been closed for answers. Ask a New Question.
Find Care & Housing
Well, if you're concerned about it, some substitute needs to be made...in my state all you need is for the principal to assign another person **for the dates you will be gone** and have them both sign in front of notary. When that time frame elapses you will still be POA upon your return from vacation.
Helpful Answer (0)
Report

Agingmyself: That's correct. Validate any online legal information with your own attorney.
Helpful Answer (0)
Report

And, you really shouldn't rely on legal advice you read online.
Helpful Answer (0)
Report

A POA can be used to grant very specific powers or to grant total control. I could leave my car with you to sell and give you POA to sign over the title--that wouldn't allow you to take over my banking or my medical care! You should never give anyone more authority than you trust them with.
Helpful Answer (0)
Report

AgingMyself, you had an excellent attorney.
Helpful Answer (0)
Report

Vicksky, and others, to further clarify: You are correct in your last statement that "'when your sister died, the POA for her' would no longer be in force." However, it was not my sister's POA that was in question. No one has power to sign anything on behalf of someone who is dead, because a dead person can no longer take any action. Duh.
The facts are as I stated, and will expand upon: Sister had her husband's General Durable Power of Attorney, which included a provision pursuant to Indiana Code 30-5-5-18, which you can look up online. The provision gave Sister "authority with respect to delegating authority," which "authorizes the attorney-in-fact to delegate in writing to one or more persons any or all powers given to the attorney-in-fact by the power of attorney." Sister's attorney prepared, and Sister signed before she died, a document titled "Delegation of Authority Under General Durable Power of Attorney" which appointed me to serve as her husband's POA if she became unable to serve. When she died, that made her unable to serve, and I became his POA. He could have revoked my POA, of course, as any POA can be revoked, thus addressing your concerns about protecting the Principal's choices. Furthermore, any argument about her authorization to do this not being valid after her death would also have to explain why anything else she signed as his POA would have remained valid after her death--deeds, checks, or anything else she had power to sign on his behalf.
MY POINT IS, and I'm shouting because this is important: A good attorney can do things for you that other people may not be aware of that can make things much easier for you and your loved ones; and only one of them is addressing the problem of what to do in case you need a back-up to serve as POA.
Helpful Answer (1)
Report

No, you do not unless you are traveling to some totally remote place like Greenland (even they may have Internet/Wifi).
Helpful Answer (0)
Report

...I meant to say, "when your sister died, the POA for her" would no longer be in force.
Helpful Answer (0)
Report

Aging myself, what you describe is very interesting, because when your sister died, the POA for her should have died too. Whomever was the husband's POA would still be his POA. If his POA document listed an alternate (should his wife die) then that person would be his POA. POA's can have an alternate or successor listed. But POA's cannot ever be "transferred" or redirected by anyone other than the Principal (the person who is being protected). If it were possible for a POA to just hand these duties over to someone else, just imagine the consequences-- it would be impossible for the Principal-- they signed up a specific person for this solemn duty, and the Principal deserves to be the ONLY person who can make a change to THEIR choice of POA, or successors. It is always the Principal who gets to decide---NOT the POA. The POA can decline to serve, but that's why lawyers will always recommend a successor POA, or even 2 or 3 successors, so that the Principal's choices are protected, and not reassigned by anyone other than the Principal.
Helpful Answer (0)
Report

Agingmyself: excellent answer!!!
Helpful Answer (0)
Report

Agilbe, since you use the term "POA", I'm assuming you mean a financial/legal POA, rather than a medical one.

What do you normally do on a regular basis? Pay bills? What else? Think about how you can address these tasks before you go so that they're taken care of.

If you're concerned about something that bridges legal/financial and medical, such as that whoever granted you proxy authority becomes ill and needs medical treatment, prepare a medical history with all pertinent information ranging from insurance coverage, substitute family contacts, past and current medical history, medications, allergies, etc.

If there is someone close whom you trust, leave this information with him/her in the event that your charge needs medical attention. And leave all your contact numbers where you can be reached in the event something else arises.
Helpful Answer (0)
Report

A POA can be transferred. I know from experience. My sister had her husband's POA because he was paralyzed. Their elder law attorney prepared a document that transferred her POA to me if she became unable to do it--she signed this. Later, she died, and I automatically became his POA. This was tested many times and went through legal departments at banks, insurance companies, hospitals, etc. It was always honored.
All that being said, I don't think a temporary absence necessitates this; but it wouldn't hurt to have this in place. When my sister's attorney advised this document, no one had any idea that her husband would out-live her. It doesn't hurt to be prepared.
Helpful Answer (0)
Report

No you do not.
As long as you can be contacted in an emergency you retain POA status. You can have another contact listed so that if you are unable to be reached this other person can make a decision.
Is the person you are POA for in a facility? If so give them your alternate contact info. (I was out of the country for a while and gave the facility where my husband was staying for respite my sister's information.) The facility had no problem getting in touch with my sister in what they considered an "emergency"
Helpful Answer (0)
Report

I imagine your POA powers would be in force by fax by don't know for sure.
Helpful Answer (0)
Report

Is there a successor on the POA? Notify that person and anybody elae that needs to know you will be gone. A POA cannot be transferred or duties reassigned to someone not appointed.
Helpful Answer (0)
Report

Not usually for POA duties. Will you be reachable by phone?

If you are also a caregiver then you may need to arrange for a substitute while you are gone.
Helpful Answer (2)
Report

You cannot appoint a substitute. POA is given only by the grantor, it is not transferable.
Helpful Answer (4)
Report

This question has been closed for answers. Ask a New Question.
Subscribe to
Our Newsletter