I have come across this question a lot about whether an agent under a power of attorney can delegate his or her powers to someone else. The agent, often an older son or daughter, was selected by the principal to carry out the duties in the power of attorney. But often, the principal never even asked if the agent was willing to serve in that role or considered if the agent that was selected is a suitable choice. So if you are an agent asking if you can delegate your duties to someone else, the answer is generally no. You cannot delegate your duties to another person.
The moral of this story is that when you designate an agent for your power of attorney or designate anyone in a fiduciary role such as a trustee or executor, always consider if the person would be a right fit to carry out the duties you are going to assign to them. Then be sure to ask that person, before you draw up the documents, if they are able and willing to serve. You don’t want any surprises in the future when you need to rely on the documents you created. Another tip is to name more than one agent in your power of attorney or estate planning documents in case your primary choice cannot serve. This would avoid your loved ones going to court to appoint an agent.
