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Power of Attorney
Can I transfer my Power of Attorney duties to my mother?

Can I transfer my Power of Attorney duties to my mother?

Q: Who gets power of attorney when someone is incapacitated?

When someone is incapacitated, the power of attorney typically remains with the person designated in the original document. If there is no designated agent or if the agent is unable or unwilling to act, a court may appoint a guardian or conservator to manage the incapacitated person's affairs.

Q: Who can override a durable power of attorney?

A durable power of attorney can be overridden by the principal if they regain capacity and revoke it. Additionally, a court may intervene and appoint a guardian if it determines that the agent is not acting in the principal's best interest or if there is evidence of abuse or neglect.

Q: What does power of attorney give you authority over?

A power of attorney grants the agent authority to make decisions on behalf of the principal regarding financial matters, property management, and certain legal affairs, depending on the scope defined in the document. It does not typically cover personal or medical decisions unless explicitly stated.

Q: Can a family member take over power of attorney?

A family member can take over power of attorney if the current agent relinquishes their duties or if a new power of attorney is executed that designates the family member as the agent. If the principal is incapacitated, a court may also appoint a family member as a guardian or conservator.

Full question:

I have a durable Power of Attorney for my stepfather who is in a skilled care facility. My mother was unable to care for him at the time, but has since decided that she can take care of his business. His physician has declared him too incompetent to make a decision on his own behalf. Can I relinquish this duty to my mother without fear of any legal recourse. I do not believe that she has his best interest at heart, but I cannot keep fighting with her. The Power of Attorney has never been recorded.

Category: Power of Attorney
Date: 04/07/2025
State: South Carolina

Answer:

The agent under a Power of Attorney (POA) must be specifically appointed as the agent or as a successor agent in the document. If you want to transfer your responsibilities to your mother, you may need to formally revoke your current POA and create a new one that designates her as the agent. Since your stepfather is deemed incompetent, you should consult with a legal professional to ensure that this process is done correctly and in his best interest, as you have concerns about your mother's intentions.

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

What supersedes power of attorney?

A power of attorney can be superseded by a subsequent power of attorney document that explicitly revokes the previous one. Additionally, if the principal (the person who granted the power) becomes competent again, they can revoke the power of attorney. In some cases, a court may also intervene and appoint a guardian, which would override the existing power of attorney.

Who gets power of attorney when someone is incapacitated?

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

A legal power of attorney cannot make decisions regarding the principal's personal care or medical treatment if such authority is not granted in the document. Additionally, a power of attorney cannot make decisions that are illegal or against public policy, nor can it make decisions after the principal's death, as the authority ends at that point.