Dallas, GA asked in Estate Planning and Elder Law for Georgia

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?

Related Topics:
3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

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

Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

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

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
Answered
  • Estate Planning Lawyer
  • Mandeville, LA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.