Can I Renew My Husband's Passport for Him With a Power of Attorney?

By Teo Spengler

As an agent appointed under your husband's power of attorney, you have authority to make either medical or financial decisions for him, depending on the scope of the POA document. If you hold a durable power of attorney and your husband is incompetent, you may be permitted to renew his passport.

As an agent appointed under your husband's power of attorney, you have authority to make either medical or financial decisions for him, depending on the scope of the POA document. If you hold a durable power of attorney and your husband is incompetent, you may be permitted to renew his passport.

Acting on Behalf

A power of attorney, or POA, has nothing to do with lawyers. It is a legal document drawn up by a competent adult, the principal, appointing an agent to make decisions on his behalf about medical or financial issues. Forms are available from state courts and online legal service providers. The principal can limit the authority of the POA agent, but a general POA gives the agent the right to take any action the person could have taken himself. A durable POA is valid even if the principal becomes incompetent.

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Renewing Travel Documents

Passports are renewed by submitting application forms issued by the U.S. State Department. If your husband is competent, he can sign his own passport renewal form. If he is incompetent, his guardian or an agent authorized under a power of attorney can execute the form for him. Be certain, however, that the terms of your POA don't limit your authority to make this decision.

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References

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Can a Judge Take Away Someone's Durable Power of Attorney?

An agent under a durable power of attorney has legal authority over someone else's finances or medical care decisions. But he is also a fiduciary, held to the highest duty of care known to the law. If the agent violates that duty of care by failing to act in the best interests of the principal, a court can take away his authority and hold him accountable.

Laws of Tennessee Power of Attorney

A power of attorney allows an agent to make medical or financial decisions on behalf of a principal, subject to the terms of a written power of attorney authorization form. Power of attorney is governed by state law, and the laws of each state are slightly different. In Tennessee, power of attorney is governed by Section 34 of the Tennessee Code.

New Jersey Durable Power of Attorney

Granting power of attorney to someone you trust allows that person to take care of your legal, financial and medical affairs on your behalf. In New Jersey, a "durable" power of attorney lets another person take care of your affairs even if you become incapacitated.

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