Nicholasville, KY asked in Contracts, Family Law and Estate Planning for Idaho

Q: Power of Attorney Question

Hopefully I can explain this so it's able to be understood. If I give my husband POA over me, and someone besides myself has power of attorney over him, can the POA over him do anything involving me to "override" him? Like concerning bank accounts and similar things.

1 Lawyer Answer

A: Unless you give your husband the power to delegate the authority you are giving to him to someone else in your power of attorney, any person to whom your husband may give a power of attorney does not have authority to act on your behalf under the power of attorney you give to your husband.

In addition, the holder of a power of attorney does not have the authority to override the principle who signed the power of attorney. That would be true of your husband with respect to your power of attorney to him as well as whomever your husband may give a POA with respect to him.

The holder of your power of attorney only has the power to act on your behalf in accordance with your instructions and your wishes. It would be a breach of fiduciary duty to "override" you, and business entities like banks and title companies would always defer to you.

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