Lindajc2 Asked July 2020
Can we add someone as Durable POA?
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My MIL Sally, gave my husband Durable POA back in Jan 2019. Sally is now in full dementia.
My husband's health is failing and he now wants to 'add' me to the existing POA. He is afraid that if he passes, then no one will have POA and will cause a paper nightmare.
Can this be done? If my husband has the power to make decisions for Sally, then couldn't one of his decisions be to add me to the POA?
Sally is not competent enough to sign the paperwork to do this; any lawyer would refuse to deem Sally competent to add me to the existing POA.
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"POA may appoint such persons as he wishes to act as his agent in the event..." Maybe up for interpretation. I would say this mean hiring someone to do a part of his job he can't do, maybe sitting in on a sale of a house,etc but not to have someone to take over the whole POA responsibility. This has to be assigned by the principle.
You can consult with a lawyer. But, I don't think POA can be transferred.
Another possible way to address it is for your husband to create his own DPOA, prepared by an experienced attorney, granting you authority for ALL his responsibilities, which would include his and his mother's affairs. I would run this by an attorney though; it's just a thought I had; I don't know if it's actually been done. But it's something I plan to do for my own responsibilities.