How can I transfer a medical power of attorney?
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How can I transfer a medical power of attorney?
I have a Medical Power of Attorney for my father who is in another state. I would like to give that authority to his friend who is with him and I trust to make decisions. (my father is unable to grant that power) How do I do this?
Asked on August 27, 2013 under Estate Planning, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
As the attorney-in-fact, you cannot delegate or transfer this power; only the grantor of the power (your father) could. If your father is not compentent to do so, then if he has a legal guardian, that person may do so--and if your father is no longer competent to manage his affairs, he should have a guardian. (If he's not competent and has no guardian, you should speak with an elder law attorney about how to have one appointed.)
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