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Tuffolebroad Asked December 2021

My husband had a serious car accident and is currently incapacitated. His daughter wants me to sign over his POA to her. Is that possible?

cwillie Dec 2021
Only he can assign POA and if he already has executed a legal document assigning someone (you?) it isn't transferable to anyone else. If there is no POA then the hospital will look for an appropriate legal representative to make all the decisions about his care and normally a spouse would be asked to step in before a daughter - is there a compelling reason that his daughter wants you excluded?

GardenArtist Dec 2021
Ask the daughter why she wants you to relinquish authority (don't tell her that it's not possible) and perhaps you'll find out what her real motivations are.

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Geaton777 Dec 2021
I'm sorry about your husband's accident. Cwillie is correct, the answer is no, PoA is not transferable by you to your daughter unless in your husband's original PoA document she was named as an alternate.

Isthisrealyreal Dec 2021
Read the DPOA. If there is one. Some actually make a provision that the DPOA can have others handle the duties. It doesn't make them DPOA but, it gives them authority to act as such. The language is very clear if it has this provision. Don't let anyone try to say some obscure language means you can do this.

If you don't want her in charge of his money, his healthcare decisions, then don't step back in any way. If you do, the hospital might start talking to her and leave you out, the one that is present, asking questions tends to be the one that gets viewed as the person of contact.

By law, you are his legal next of kin and in the absence of legal documents naming someone else as the authorized legal representative, you're it.

I am sorry for your situation. I pray that he makes a full recovery.

gladimhere Dec 2021
No it is not possible. Only hubby can change the POA. Now if there is a successor POA in the document you could resign to that person. But, even if daughter is successor I would not resign. Try to work with her closely, but watch your back.

bevthegreat Dec 2021
Suse it's possible if you don't want to be your husband's POA.

But, why would you not want to be in charge of making decisions for your husband?
Geaton777 Dec 2021
Since the OP states her husband is incapacitated then making the daughter his PoA is NOT possible. The only thing the wife can do is resign her PoA but then he'd have no legal advocate. A fully capable/conscious husband would need to legally create a new PoA doc naming his daughter. The wife would not need to resign. But he is incapacitated, so NOT possible to make the daughter his PoA at this time.
Lizbitty Dec 2021
My dad is incapacitated in the hospital with a stroke. He did not have a POA, but my mom is his wife, so she acts as it. However, we share this responsibility, and despite me not having legal authority, I do make most of the care decisions as she constantly refers back to me to make sure she’s making the best choice. Now the doctors speak to me directly (I live in Canada, so things are different - POA’s don’t even need to be notarized in Canada).

I’m not sure of your family dynamic, but I would strongly recommend the two of you working together as a team. You may want to draw up your own POA to your daughter should something happen to you. I also brought this up with my mother, because should something happen, the banks and financial aspect of a POA would become quite difficult. But, you have to trust each other to do this. The paper needs to be signed and hopefully never needed.
JoAnn29 Dec 2021
The daughter mentioned is "his" daughter, I am assuming.
JoAnn29 Dec 2021
No, POA cannot be transferred. And I am assuming that you saying "his daughter" means you are not her mother. But...you are his wife, have been assigned by him and as such have every right to be his POA making all the decisions.

Read the Medical POA/Healthcare directive (financial does not come into this). Does it say you and daughter are co-POAs or that she is secondary and can only take over if you are incapacitated, incompetent or have died? If co-poas then you work together. If she is secondary, then you are the main decision maker.

Even if you could turn over POA, I wouldn't do it. Her decisions could effect you too. We have seen it on this forum where a second marriage is involved and the married couple each assign their children as POAs. One of couple gets very sick and child takes them out of the marital home leaving the other spouse to fend for themselves. This means finance wise too.

I suggest you take the Medical POA/Healthcare directive to the hospital and have them make a copy for their files. At this point, you should be the only one the Drs. and Nurses talk to. Which is what they like. If you feel your DH would not mind you sharing information with his daughter, than do it, but if you feel he wouldn't, then don't. It really depends on your relationship with daughter. Just remember, that YOU make the final decision/s concerning your DH and that the hospital needs to respect that. With POA in place and no HIPPA paperwork signed by husband listing daughter as being able to receive information, they should only talk to you.

Countrymouse Dec 2021
Not unless your husband himself already appointed her as your deputy, it isn't possible, no. Your power of attorney doesn't authorise you to appoint somebody else in your place.

What does your stepdaughter want to do for him that she can't do without POA? There may be ways round the problem.

Santalynn Dec 2021
It's not possible unless you somehow cave and allow it; you are the next of kin ahead of dear daughter, as his spouse. Speak with a lawyer to ensure your understanding and rights. Incapacitated dad may equate some kind of 'payoff' to dear daughter, sorry to say so bluntly; get legal advice ASAP. Daughter may worry you're unable to help/advocate for her dad; prove her wrong.

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