My father's Power of Attorney contains the following language:
"If the above-named person(s) is/are unable to act as my agent, I nominate the following person(s) to serve as my alternate agent(s): SIBLING 1, SIBLING 2, one at a time, in the order listed."
Above named person is me. SIBLINGS 1 and 2 are my brother and sister.
This exists in both his General and Healthcare Durable Power of Attorney documents.
I am able to act as his POA, but desire to delegate that authority to either or both of my siblings. They are willing to take over.
If I provide them each with the POA document, and a signed letter stating that I support and authorize their use of POA, would that be sufficient for them effectively to act on his behalf? What specific language should that letter contain? Do I need to involve and attorney?
Many, many thanks to anyone who can offer guidance.
Thanks again! :)
Send a letter to the person who named you third successor and the other two people named. You don't have to have an attorney in order to resign.
However, how to make this perfectly clear to others when someone goes to USE the POA is something else again. You need the advice of an attorney.
My mother's POA appoints me "to be my attorney-in-fact to act for me, in my name, and in my place. In the event she fails to qualify or continue as such, for any reason, I appoint my daughter [my sister's name] to serve as such in her place."
My sister and I work as a team. She lives in another state but visits frequently and stays current on Mom's health and condition and I consult with her and another sister when decisions are difficult or complex. My sister has a copy of the POA document and we have always interpreted the "for any reason" to include if I am out of town or incommunicado. She has never been challenged by anyone while acting in my place. I do notify Mom's Assisted Living staff when I am going to be away, but my primary reason for doing so is to make sure they have my sister's contact information and mine while I'm away. Also, Mom's primary care doctor knows my sister, who comes with us to doctor appointments when she is able, and from filling out the Family Medical Leave Act paperwork for her.
It seems, however, from what I read in this newsletter, that I am richly blessed with unusually cooperative, supportive siblings, which makes our method of handling the POA work very smoothly. How you handle the transition may depend on whether you want to resign altogether or just have backup in case you are temporarily unavailable.
On the other hand, when my best friend and her husband died within months of each other, both had named me as their alternate POA, Executor, and Trustee. In those circumstances, I always supplied the POA or Will or Advance Directive (while my friend was still living) and her husband's death certificate. When acting as Trustee of the Special Needs Trust for their disabled daughter, I would produce the Trust papers and both death certificates.
If the attorney who drew up your father's POA is available, that would be a good place to start. A knowledgable and trustworthy attorney is worth his or her weight in gold. I never could have navigated the tangle of my friends' estate and financial affairs without their attorney, who not only walked me through my responsibilities, but helped shield me from a disgruntled relative.
Best wishes as you sort through this situation.