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

Answers:

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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