Can I add a provision in a power of attorney to delegate the power to my son on my wife’s disability?

Full Question:

I wanna execute a power of attorney in favor of my wife. Can I add a provision to delegate that power to my son if she is disabled?
02/15/2017   |   Category: Power of Attorney   |   State: New Jersey   |   #32204

Answer:

In New Jersey, when you name a power of a ttorney, you can direct that it passes along successivley on certain conditions. The successor may act upon the disability of the predecessor named attorney-in-fact. It is covered under N.J. Stat. § 46:2B-8.7 which reads:
“***
e. The power of attorney may provide that the attorneys-in-fact act successively. Unless the power of attorney otherwise provides for the conditions under which a successor is qualified to act, the successor may act only upon the death, the written resignation, or the disability of the predecessor named attorney-in-fact.”
 
Here, you can execute a multiple power of attorney and a provision that the attorneys-in-fact shall act successively. In doing so, you can delegate the power, conferred to your wife by the power of attorney, to your son on your wife’s disability.