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Q.

Can a Power of Attorney Assign Another Power of Attorney?

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Here’s when can a power of attorney assign another power of attorney;

  • In most legal systems, a Power of Attorney (POA) cannot simply assign or transfer its authority to another person unless the original POA document explicitly allows such delegation.

  • This principle guards against unauthorised expansion of authority beyond what the principal (the person granting the POA) intended.

  • Under common law principles of agency often reflected in statutes and court rulings a person appointed as an agent under a POA generally cannot transfer or give their entire authority to someone else, a concept rooted in delegatus non potest delegare (“a delegate cannot delegate”).

  • If the POA document is silent on delegation, the agent cannot assign another POA to someone else. Any attempt to do so would be legally ineffective or could be challenged.

  • If the principal expressly includes a clause in the POA allowing the agent to sub-delegate or appoint a “special attorney,” then the agent can delegate some or all powers to another person but only within the scope and limitations set by the original document.

  • An agent may delegate specific tasks or hire professionals (like accountants or lawyers) to assist with duties but this is different from legally assigning full POA authority to another person.

I hope you understood: can a power of attorney assign another power of attorney.

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