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Q.

Can a Power of Attorney Assign Another Power of Attorney?

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Summary
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, i.e. the person granting the POA, is intended.

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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