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Does a General Power of Attorney give the agent the right to give Power of Attorney to someone else?

Hopewell, VA |

The wording states "My agent shall have full authority to act on my behalf in relation to my property and affairs."

Attorney Answers 4


No. That is not a power the agent has.

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I agree with my colleague. This is not something an agent would normally be able to do. There may be a way to delegate some aspect of the agent's authority, however, or to hire someone to further the principal's interests. For example, the agent could hire an attorney to represent the principal.

James Frederick

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The wording you have provided does not allow you to delegate your powers to someone else. However, it is possible that other language in the POA document does allow you to delegate your powers. Look specifically for the word "delegate" in the POA document. As an agent under a POA, you can delegate your power to another person if the wording of the Power of Attorney document specifically allows you to do so. Not all Power of Attorney documents are the same -- there are no "standard forms." If the Power of Attorney document you have allows you to delegate your powers to someone else, than you can. This power to delegate your authority is permitted under the Virginia Uniform Power of Attorney Act, Subsection 5 of Section 64.2-1622. But again, this power must be specifically granted in the POA document.

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I agree with my colleagues. Generally you are not permitted to delegate duties under a Power of Attorney unless there is a specific provision granting you such permission.

Is there an alternate (or "back up") agent named in the Power of Attorney? If there is, and if you find yourself unable or unwilling to fulfill the duties of an agent, you may be permitted to provide the principal with a written renunciation of your position as his or her agent. Be sure to also inform the alternate agent that you are renouncing your position.

Please note that this answer is not based on Virginia law. I would recommend that you meet with a Virginia attorney to review any state-specific rules that may apply.

This answer is for informational purposes only. It is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.

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