Only he can assign POA and if he already has executed a legal document assigning someone (you?) it isn't transferable to anyone else. If there is no POA then the hospital will look for an appropriate legal representative to make all the decisions about his care and normally a spouse would be asked to step in before a daughter - is there a compelling reason that his daughter wants you excluded?
Ask the daughter why she wants you to relinquish authority (don't tell her that it's not possible) and perhaps you'll find out what her real motivations are.
I'm sorry about your husband's accident. Cwillie is correct, the answer is no, PoA is not transferable by you to your daughter unless in your husband's original PoA document she was named as an alternate.
Read the DPOA. If there is one. Some actually make a provision that the DPOA can have others handle the duties. It doesn't make them DPOA but, it gives them authority to act as such. The language is very clear if it has this provision. Don't let anyone try to say some obscure language means you can do this.
If you don't want her in charge of his money, his healthcare decisions, then don't step back in any way. If you do, the hospital might start talking to her and leave you out, the one that is present, asking questions tends to be the one that gets viewed as the person of contact.
By law, you are his legal next of kin and in the absence of legal documents naming someone else as the authorized legal representative, you're it.
I am sorry for your situation. I pray that he makes a full recovery.
No it is not possible. Only hubby can change the POA. Now if there is a successor POA in the document you could resign to that person. But, even if daughter is successor I would not resign. Try to work with her closely, but watch your back.
Since the OP states her husband is incapacitated then making the daughter his PoA is NOT possible. The only thing the wife can do is resign her PoA but then he'd have no legal advocate. A fully capable/conscious husband would need to legally create a new PoA doc naming his daughter. The wife would not need to resign. But he is incapacitated, so NOT possible to make the daughter his PoA at this time.
My dad is incapacitated in the hospital with a stroke. He did not have a POA, but my mom is his wife, so she acts as it. However, we share this responsibility, and despite me not having legal authority, I do make most of the care decisions as she constantly refers back to me to make sure she’s making the best choice. Now the doctors speak to me directly (I live in Canada, so things are different - POA’s don’t even need to be notarized in Canada).
I’m not sure of your family dynamic, but I would strongly recommend the two of you working together as a team. You may want to draw up your own POA to your daughter should something happen to you. I also brought this up with my mother, because should something happen, the banks and financial aspect of a POA would become quite difficult. But, you have to trust each other to do this. The paper needs to be signed and hopefully never needed.
No, POA cannot be transferred. And I am assuming that you saying "his daughter" means you are not her mother. But...you are his wife, have been assigned by him and as such have every right to be his POA making all the decisions.
Read the Medical POA/Healthcare directive (financial does not come into this). Does it say you and daughter are co-POAs or that she is secondary and can only take over if you are incapacitated, incompetent or have died? If co-poas then you work together. If she is secondary, then you are the main decision maker.
Even if you could turn over POA, I wouldn't do it. Her decisions could effect you too. We have seen it on this forum where a second marriage is involved and the married couple each assign their children as POAs. One of couple gets very sick and child takes them out of the marital home leaving the other spouse to fend for themselves. This means finance wise too.
I suggest you take the Medical POA/Healthcare directive to the hospital and have them make a copy for their files. At this point, you should be the only one the Drs. and Nurses talk to. Which is what they like. If you feel your DH would not mind you sharing information with his daughter, than do it, but if you feel he wouldn't, then don't. It really depends on your relationship with daughter. Just remember, that YOU make the final decision/s concerning your DH and that the hospital needs to respect that. With POA in place and no HIPPA paperwork signed by husband listing daughter as being able to receive information, they should only talk to you.
Not unless your husband himself already appointed her as your deputy, it isn't possible, no. Your power of attorney doesn't authorise you to appoint somebody else in your place.
What does your stepdaughter want to do for him that she can't do without POA? There may be ways round the problem.
It's not possible unless you somehow cave and allow it; you are the next of kin ahead of dear daughter, as his spouse. Speak with a lawyer to ensure your understanding and rights. Incapacitated dad may equate some kind of 'payoff' to dear daughter, sorry to say so bluntly; get legal advice ASAP. Daughter may worry you're unable to help/advocate for her dad; prove her wrong.
If you don't want her in charge of his money, his healthcare decisions, then don't step back in any way. If you do, the hospital might start talking to her and leave you out, the one that is present, asking questions tends to be the one that gets viewed as the person of contact.
By law, you are his legal next of kin and in the absence of legal documents naming someone else as the authorized legal representative, you're it.
I am sorry for your situation. I pray that he makes a full recovery.
But, why would you not want to be in charge of making decisions for your husband?
I’m not sure of your family dynamic, but I would strongly recommend the two of you working together as a team. You may want to draw up your own POA to your daughter should something happen to you. I also brought this up with my mother, because should something happen, the banks and financial aspect of a POA would become quite difficult. But, you have to trust each other to do this. The paper needs to be signed and hopefully never needed.
Read the Medical POA/Healthcare directive (financial does not come into this). Does it say you and daughter are co-POAs or that she is secondary and can only take over if you are incapacitated, incompetent or have died? If co-poas then you work together. If she is secondary, then you are the main decision maker.
Even if you could turn over POA, I wouldn't do it. Her decisions could effect you too. We have seen it on this forum where a second marriage is involved and the married couple each assign their children as POAs. One of couple gets very sick and child takes them out of the marital home leaving the other spouse to fend for themselves. This means finance wise too.
I suggest you take the Medical POA/Healthcare directive to the hospital and have them make a copy for their files. At this point, you should be the only one the Drs. and Nurses talk to. Which is what they like. If you feel your DH would not mind you sharing information with his daughter, than do it, but if you feel he wouldn't, then don't. It really depends on your relationship with daughter. Just remember, that YOU make the final decision/s concerning your DH and that the hospital needs to respect that. With POA in place and no HIPPA paperwork signed by husband listing daughter as being able to receive information, they should only talk to you.
What does your stepdaughter want to do for him that she can't do without POA? There may be ways round the problem.
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