Can my agent for General POA over finances sign as a witness on a separate document for Durable POA for Healthcare, if they are not the agent on the healthcare form?

Asked on June 2, 2014 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your attorney-in-fact (the person given authority pursuant to a POA) has only that authority which the power of attorney, by its plain terms, givens him or her. However, having power under a POA does not prevent that person from signing as a witness or doing anything else which a non-attorney-in-fact could do. Your agent could sign as a witness (since any competent adult could do so), but could not draft or direct the drafting of the durable healthcare POA unless the general POA gives him/her the power to do so.

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