US Legal Forms
Legal Resources
Questions & Answers
Power of Attorney
Can I delegate power of attorney to my son if my wife is disabled?

Can I delegate power of attorney to my son if my wife is disabled?

Full question:

I wanna execute a power of attorney in favor of my wife. Can I add a provision to delegate that power to my son if she is disabled?

Category: Power of Attorney
Date: 04/07/2025
State: New Jersey

Answer:

In New Jersey, you can include provisions in a power of attorney that allow for the delegation of authority under certain conditions. Specifically, the law permits that a successor attorney-in-fact may act if the original attorney-in-fact (your wife) is disabled, among other circumstances. This is outlined in N.J. Stat. § 46:2B-8.7, which states that the power of attorney can specify that attorneys-in-fact act successively. If you wish, you can create a power of attorney that allows your wife to act first, and then your son can take over if she becomes disabled.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a POA override a spouse?

A power of attorney (POA) does not override a spouse's rights in general. However, if a spouse is designated as the attorney-in-fact, they can make decisions on behalf of the principal as specified in the POA document. It's important to understand that a POA is a legal tool that grants specific powers, and it does not negate the legal rights of a spouse unless explicitly stated. Always consult with a legal professional for personalized advice.

Does POA supersede a spouse?

A power of attorney (POA) does not inherently supersede a spouse's rights. If a spouse is appointed as the attorney-in-fact, they can act on behalf of the principal according to the terms of the POA. However, the authority granted by the POA is limited to the powers specified within the document. For specific situations, legal advice may be necessary to clarify any conflicts.

What three decisions cannot be made by a legal power of attorney?

Generally, a legal power of attorney cannot make decisions regarding the principal's will, change the principal's beneficiaries on life insurance or retirement accounts, or make decisions about the principal's medical care if a separate healthcare proxy is in place. These limitations can vary by state, so it’s advisable to consult local laws or an attorney for specific guidance.

Can a power of attorney assign another power of attorney?

Yes, a power of attorney can include provisions that allow the attorney-in-fact to delegate their authority to another person, often referred to as a successor attorney-in-fact. This delegation must be clearly stated in the POA document, and it should comply with state laws. In New Jersey, for example, this is permissible under N.J. Stat. § 46:2B-8.7. Always check local statutes for specific requirements.

Can a power of attorney apply for disability?

A power of attorney can assist in applying for disability benefits on behalf of the principal, but they cannot independently determine eligibility. The attorney-in-fact can fill out forms and submit applications, but the decision regarding disability status is made by the relevant government agency. It's important to ensure that the POA document grants this specific authority.