How can I transfer a medical power of attorney?

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How can I transfer a medical power of attorney?

I have a Medical Power of Attorney for my father who is in another state. I would like to give that authority to his friend who is with him and I trust to make decisions. (my father is unable to grant that power) How do I do this?

Asked on August 27, 2013 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As the attorney-in-fact, you cannot delegate or transfer this power; only the grantor of the power (your father) could. If your father is not compentent to do so, then if he has a legal guardian, that person may do so--and if your father is no longer competent to manage his affairs, he should have a guardian. (If  he's not competent and has no guardian, you should speak with an elder law attorney about how to have one appointed.)


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