Aug 24, 2016 - 08:12 AM
Power of attorney laws vary from state to state, so you should consult with an attorney in the state in which your husband's mother lives. From the question it is unclear whether you are dealing with a general durable (financial) power of attorney, a healthcare power of attorney, or both. The ability to delegate the power granted in the power of attorney may or may not exist under the terms of the document and state law. There may be the ability to appoint a successor upon resignation from the power of attorney, but that may be too drastic a step. I understand that this question appears to be simple on its face, but a local attorney should be consulted (even if just briefly) to ensure that the handoff of responsibility under the Power of Attorney is done appropriately and in a form that a third party will recognize. Finally, delegating power under a power of attorney generally does not releive the delegating agent from responsibility for supervising the delegated agent's actions so any such delegation should be done with extreme caution.