Can an MPOA/POA will their duties to someone else?

UPDATED: Jul 11, 2011

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Can an MPOA/POA will their duties to someone else?

Or how is the next MPOA/POA chosen for the individual? The individual is mentally OK but physically has to recover. If the agent currently is in charge of medical and financial decisions and wants to “Will” this decision making power to another individual (should this initial agent die), can they do that? Basically, what is the extent of what the agent can place in their Will about the person they are in charge of?

Asked on July 11, 2011 under Estate Planning, Texas


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

Answered 11 years ago | Contributor

It is very responsible of you to try and think things through for the party that has given you the POA.  A Medical Power of Attorney may, depending on what is contained therein, gives the Attorney in Fact (the agent) the authority to make any and all health care decisions for the person  in accordance with their wishes, including their religious and moral beliefs, when they are no longer capable of making them themselves.  Because the person for whom you are acting has designated only you, you can not transfer the authority to another.  It may be wise to name an alternate POA on the form just in case.  If there is already one in place then you need to create an entirely new document. Good luck to you all.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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