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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55132
Experience:  Attorney with 29 years of experience.
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Does my spouse need a POA to help me on my parents behalf?

Customer Question

Does my spouse need a POA to help me on my parents behalf? They are residents of NY but snobirds being rejected from their NY home by my bro new wife. My spouse will help me on their behalf. Do they sign new Poas for him or do I add him on the ones I already have for me?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 year ago.

Yes, in order for your spouse to have any legal authority to act on behalf of your parents, they will need to sign a POA giving him that authority. Without it, he's free to assist you, but he would not have any legal authority to deal with third parties. You wouldn't have the authority to simply add him to your POA unless your existing POA specifically gives you that right.

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Customer: replied 1 year ago.
unless your existing POA specifically gives you that right."
What would that look like as far as wording and where would it be located on the POA..
Expert:  Richard replied 1 year ago.

It would say that as POA you have the right to appoint an additional or successor POA on behalf of your parents. It varies where it might be in the document, but the standard POA would not include this provision.

Customer: replied 1 year ago.
I have the durable document. So if that's possible, it would allow another person to be added on the same document at any time after it was originally executed? Weeks, months, years?
Expert:  Richard replied 1 year ago.

If you are allowed, you could do it anytime. :)

Customer: replied 1 year ago.
On the same document or have to get another and get it notarized?
Expert:  Richard replied 1 year ago.

Thanks for following up and I'm so sorry for the delay. I'm just now seeing your response! I appreciate your patience! I would get a new document specifically in favor of your spouse and have it signed and notarized.

Customer: replied 1 year ago.

But w both our names on the same document or one poa for me and a separate poa for him?

Expert:  Richard replied 1 year ago.

If you are both going to be acting on her behalf, I would get a new one with both of you listed and the POA should specifically provide that you can each act independently without the consent of the other.

Customer: replied 1 year ago.

I am the adult child of my parent who made me the POA, so it is ok to name my spouse or does my parent need to name my spouse. Or me, as the adult child to name my spouse, or do both my parent and myself need to sign the document. (just trying to understand what will happen)

Expert:  Richard replied 1 year ago.

Unless the POA your parent gave to you specifically gives you the right to name a successor POA, your parent will need to sign the document appointing your spouse as a POA.

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