How to transfer a Power of Attorney?

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How to transfer a Power of Attorney?

A POA for health care was done when my father was competent to sign. He can’t now. 2 POA’s were named. One sibling would now like to transfer her POA for health care only, to the sibling that is caring for our father who has alzheimers. Can this be done without our father signing? All family members agree.

Asked on August 10, 2011 Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I am assuming that you mean a Health Care Proxy was signed by your Father, correct?  A Power of Attorney is not generally for health care matters but other legal affairs.  A party named in a document such as this does not have to accept the responsibility.  Many people do because it is either discussed with them before hand or there is no one else to do so.  But you are in a good situation here.  One needs to read the Health Care Proxy to see if it states that you must act together or you can act individually. If you can act individually then you may not need any formal renunciation document.  One can not, however, transfer the power given them.  It is not theirs to transfer. Take it to an attorney. Good luck. 


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