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.
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.
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.
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.
If you are also a caregiver then you may need to arrange for a substitute while you are gone.
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.
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