Center Sandwich, NH asked in Estate Planning for Florida

Q: Poa question

My mother has a durable poa from my father. My father has had a stroke but is not fully incapacitated. My mother needs me to take over many of the tasks. Since my mother has poa from my father could she, as his representative, sign a poa in his place given me poa for my father?

Related Topics:
2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: No.

Your mother cannot lawfully transfer her POA or give you a new POA over your father.

At best, she can hire you to perform some of the tasks that she is supposed to perform.

Marc J. Soss
PREMIUM
Marc J. Soss
Answered
  • Estate Planning Lawyer
  • Sarasota, FL
  • Licensed in Florida

A: Depending upon the verbiage contained within your father's POA, she may be able to appoint you as her agent/representative to handle certain matters on her behalf. However, she cannot sign a POA over to you.

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.