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:
“***
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.”
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.