What are the rights of a power of attorney’s power of attorney?

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What are the rights of a power of attorney’s power of attorney?

Elder husband has wife as POA. Wife as 2 daughters as POAs. Can daughter(s) use  thir POA to initiate changes to Wills, annuities and home for both?

Asked on May 13, 2011 under Estate Planning, New Jersey

Answers:

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

Answered 10 years ago | Contributor

No.  If I understand your question correctly you are worried that the 2 daughters can make changes to the affairs of the husband through their POA of their Mother.  They can only make change to her assets which could, though, have an adverse effect on his assets somewhere down the road.  As for changing a Last Will and Testament, a Power of Attorney can never give anyone that right under the law.  So your fears there should be calmed.  I might suggest that you sit down and do some estate planning with all the players involved, including the daughters.  Try and make sure that everyone is on the same page and things are amicable now.  Otherwise they won't be when one of the couple passes away.  Good luck.


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