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

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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

Answers:

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

Answered 10 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.


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