Does Being a POA for Someone Extend to Their POA Duties?

Question from Tommy, Does Being a POA for Someone Extend to Their POA Duties?

Answer from AI:

When you are appointed as a Power of Attorney (POA) for someone, it means you have been given the legal authority to make certain decisions on their behalf. However, this authority is specific to the relationship between you and the person who has appointed you, known as the principal.

Understanding Power of Attorney Relationships

A POA is a legal document that grants one person (the agent or attorney-in-fact) the power to act for another person (the principal). The scope of this authority can vary widely and is defined by the terms of the POA document. It is important to understand that the authority granted by a POA is not transferable or delegable unless explicitly stated in the document.

Separate POA Agreements

In the scenario where you are the POA for Mary, and Mary is the POA for Mike, your authority does not automatically extend to Mike. Here’s why:

• Specificity of Authority: Your authority as a POA is limited to the powers that Mary has specifically granted to you in her POA document.
• Non-Transferability: Mary’s authority as Mike’s POA is separate from the authority she has given you. Unless Mary’s POA document with Mike explicitly states that her appointed agent (you) also has authority over her responsibilities as Mike’s POA, you do not have legal authority to act on Mike’s behalf.
• Legal Documentation: Each POA agreement is a separate legal document. You would need to be named as a POA for Mike in a separate POA document to have any authority regarding his affairs.

When Legal Advice May Be Necessary

If there is any confusion about the extent of your powers as a POA, or if the documents are complex, it is advisable to consult with a legal professional. An attorney can help clarify the terms of the POA documents and ensure that all actions taken are within the legal scope of the authority granted.

Self-Help Resources

For general information about POA responsibilities and limitations, you can refer to self-help legal resources such as:

• The American Bar Association for guidelines on POA.
• State-specific legal aid websites, which often provide information about POA laws in your jurisdiction.

Conclusion

In summary, being the POA for Mary does not mean you are also the POA for Mike. Each POA is an independent legal relationship, and the powers within each are not interchangeable or automatically extended to third parties. Always refer to the specific POA documents in question and seek legal advice when necessary to understand the full scope of your legal authority and responsibilities.