Q: We did a will for my hubby who now is in the throes of Alzheimer's. I have Power of Attorney. What if I die first?
Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?
A: No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most likely someone will need to go to court to be appointed as conservator for your husband. That is a process that could be started now if you are truly concerned that you might pass or lose capacity yourself before he passes.
Theodore David Vicknair Sr. agrees with this answer
A: The power of attorney hopefully has a successor person identified to take over if something happens to you. If it does not, you cannot assign your power to another person.
Theodore David Vicknair Sr. agrees with this answer
A:
I agree with the other lawyers who have posted here with respect to naming an alternate agent/powerholder when the documents are originally prepared. Unless your state law provides otherwise (highly unlikely) you cannot delegate the rights and duties under a power of attorney. In my state of Louisiana, I can confirm that this cannot be done.
When originally creating this document, a good attorney would have built at least a few contingencies into it such that if the first named agent/powerholder (you) were to become unable to act, then a second-named person would be able to act in place of the first named person.
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