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You wrote us about this two days ago, KS.
Was anything we said at that time helpful to you?

Normally a POA already has a "second" listed. That would be the person who would take over the duties of POA when the person assigned or designated is unable to do the duties.

No POA can "sign over" or otherwise designate someone else as POA. That can ONLY be done by the Principal. And the Principal can change his/her POA only if still mentally competent to do so.

So you are the POA. If the daughter feels you are incapable of doing this duty for your partner, her parent, then she can apply for "guardianship " by requesting it of the court. Generally the court will not remove the POA if a partner designated by the principal. But if the court examines records and accounts and feels there is some reason to guess that the POA is incapable or is abusing the financial stability of the Principal, then the court may grant guardianship to the daughter. Guardianship always trumps POA.

More information about what you are facing would be helpful. Can you tell us why daughter wishes to take over this tough duty?
Helpful Answer (5)
Reply to AlvaDeer
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As Alva said, you do not have the ability to sign over POA. If daughter has been assigned as secondary, you can step down and allow her to take over. But you can't assign someone. I also don't understand the trustee thing either. I thought the principle needed to assign someone not daughter "took over as surrogate trustee".

IMO, the daughter does not have a leg to stand on at this point. Tell her no. Her being alternate gives her no power. Let her try for guardianship. It costs a lot if money. She has to do it in your State. I would consult with an elder lawyer.
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Reply to JoAnn29
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Are you still competent and up to the challenge of dealing with all the POA responsibilities? If so, tell her no. And as others have stated, you can't do it even if you wanted to. Do you have her as your POA, when/if you need it?
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Reply to againx100
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AlvaDeer May 26, 2024
Our OP cannot "sign over POA". That isn't done, can't legally be done.
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