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I'm not planning on anything happening but I would like to be proactive in the event that I am somehow unable to act as POA for my Parents. Basically, I want someone to be able to make decisions about my Parents care and pay the NH if I can't. Can I delegate POA to my Husband or next reliable family member?
No stones left unturned.

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Hi Sumlerc: I'm not sure how to answer that question. When we met with an attorney to set up my parents POA, I had my husband listed as an alternative and also a brother and a sister. Of course, my parents were present and in agreement. It sounds like you should consult an attorney about this, unless your parents are mentally capable of signing a new, updated POA. You've presented a good question here and one that many may not have considered.
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You bring up a very good question and one that is often not considered. Unless the POA states that there is an alternate listed, you can't just hand it over to someone for you are legally the POA. If your parents are mentally capable of singing a new, updated POA that is notarized, then I would do that as soon as possible. Your parents will need to sign a document revoking you being the sole POA in order for the new, updated POA to be valid. I think you will need an attorney to help with this. Now, if your parents are not mentally capable signing all of this, then whenever you cannot serve their POA, then someone in the family will need to file to be their guardian. Thanks for leaving no stones unturned. I wish that my mother, the lawyer or I had thought about this when we had the durable and medical POAs written up for her because that has been a concern of my wife's in case something were to happen to me and I was not able to function as my mother's POA.
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Thanks for sharing, I had this conversation with my Husband (DH) and he happily volunteered to act in my place but of course we must discuss this with my Parents, I'd like to take it further and add my adult Niece after my husband because he and I travel together often. I know there will be no problem with DH as they have him as the Exeuctor of their Will.
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Typically, the named agent under a Power of Attorney can NOT delegate his/her authority and powers to someone else, absent specific language in the POA form that allows them to do so.
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In general, powers of attorney are meant to be used specifically by one person: the Agent or "Attorney In Fact". If the agent cannot act, the document should name a successor or contingent agent. As the agent, if you work with other advisors, you're still responsible for the work they do and the advice they give.
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Thanks for all of the replies, I am working on my husband being my successor, if if its ok with my Parents. I will feel complete with this one extra step, oh and setting up direct deposit to the NH.
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I have wondered if a designated POA can name a co-POA to help in getting things accomplished.
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Typically an agent cannot delegate or share their powers under the POA. The document may of course name a successor or a co-agent, but otherwise the general rule is the agent under the POA cannot themselves name a successor or co-agent.
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Question: In the process of choosing a POA in a family of four siblings for a parent. Are the other siblings required to sign off to allow one siblings to be the POA? In my family one sibling was made POA without the other siblings knowledge.
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Concern, no others are not required to be notified. But if there is a trust, trustee may be required to report on status of assets once or twice a year and any changes made to it. The requirements would be in the documents that established the trust.
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I want to resign and designate POA to my brother. Mom is on the verge of not being competent, but still knows all 5 kids. Had a trust made 16 years ago. No one minded then I had POA. But now, brother is with Mom most and we don't always agree on what is best. I am spent. Do we HAVE to get a lawyer? Or is there a simple way to change?
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Always, does the POA designate Successor agents? If it does, all you need to do is notify all that you are resigning and someone else taking over. If there are not disignayed delegates, even your brother, instructions may be in the document if something were to happen to you OR f you are unable to act. The POA designation can only be changed by your parents, and only if the attorney preparing the document believes that they understand what they are signing.

Instructions in the document itself is the only way to change POA is attorney will not do it. There may be reasons your folks selected you and not your brother that you are not aware of.

Call the attorney that prepared the trust to ask if there is a way to change them. That attorney may know the why's as far as designating you.
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Always, I checked your profile it says you are caring for Mom with dementia at home. What is the complete story?
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3 brothers have come (1100-1500 miles one way) and helped share care 24/7 for last 15 months after I was hospitalized. Am ok now. But burnt out.
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Always,
As POA you should be able to delegate their care, whether at home or in a facility, but cannot assign the POA to someone else.
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I would confirm this with the State you live in, but according to Probate Code 4205, an agent (Attorney-In-Fact) has the power thru written document to assign an additional Agent. They are both still responsible to the principal and the new agent is revokable by the original Agent.
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I am the person appointed on my mom's POA and my son in case I cannot fulfill the POA. My question is the following. I am out of the country and am with my mom. My mom however will be traveling back home, but will be traveling back with my son and will be in his care in my absence. Is this going to be o.k. Do I need to put something in writing?
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It should be ok as long as your son has a copy of the POA.
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My mother assigned her POA to my sister and me, "and the survivor of them". Does this mean that my sister's children inherit this power? Does it mean that my wife would inherit this power, if I should die? My sister just passed away, so I am now the only named person with POA for my mother, so I would like to have someone else as backup. I don't understand the significant of that phrase in the POA.
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You are now the POA. Power of Attorney means you have the right to act in her behalf as if you were her. Which I assume is both medical and financial POA. I think you need to see the lawyer who wrote the POA.
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Does the POA have the right to sell any assets to pay for nursing home care even if that asset was paid for tax wise by another family member?
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Generally the POA has the authority to transact business on behalf of the principal, including selling assets to pay for the principal's care. I don't that any assets would be excluded based on who purchased the asset originally. If it belongs to the principal that is what counts. I don't know what "paid for tax wise" means.

Can you explain this a little more,gimmeshelter?
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It would be nice if we all received stuff back that we purchased as gifts for our folks, or anything that we paid for. If we let POA know it would be nice if we got it back. Though, yes POA can sell anyting that they believe belonged to the one they were POA for. What would be helpful is if everything in the residence were documented as they came, with notation as to who purchased it and what the desired deposition when the time comes for that item.
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This is gimmeshelter and the tax issue is my brotherinlaw has paid the taxes on my fathers vacation cabin for 20 years and my father still has 100% ownership of the property and Dad now needs to go to Memory care unit due to Alzheimers and he thinks he owns the property because he paid taxes but county records show otherwise.
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I would think that Medicaid would look at this as a gift to your dad from your bil of the property taxes. The property still belongs to dad unless there is some sort of written agreement.
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So it looks like in order for Dad to qualify for Medicaid the property will need to be sold as his asset as it is still in his name less the amount that he has paid in taxes over the years? Correct. That is what my friend who is a Social Worker and does Medicaid pending for a facility said?
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The taxes that my bro inlaw paid over the years on the property. Will it need to be sold at present value?
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Does a Durable POA have the authority to have a Assising LIving home refuse information to a family member and also to take away visiting privileges if the family member is still of good mind and wants all members knowing of her condition
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So a person is incapable of making decisions and the POA is his sister who is now also on the verge of possibly not being capable. How do we handle this concern? I am the spouse of the sister and have POA for my wife. Do I take over?
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The General Durable POA we have for my father-in-law specifically includes wording allowing the Agent, my mother-in-law, to delegate written authority, for any or all powers, to anyone she chooses.
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