Power of attorney can you have more than one
My aunt named her son as agent and he misused funds. Then she appointed her nephew and he let her credit rating slip because he did not pay bills in a timely fashion. Now she would like both her niece and nephew to have authority to handle financial matters for her; she thinks this will serve to keep both of them on their toes.
When you make or change a durable power of attorney for finances, you are allowed to name more than one agent or "attorney-in-fact," as this person is known in some states.
If your aunt wants to name both niece and nephew, she may do so, but she will have to decide how they should carry out their duties. She can give them each independent authority, which means that either can take care of any financial task authorized by the power of attorney document without consulting the other.
Or she can require them to reach agreement before taking any action under the document. If niece or nephew slips up and there's no one more trustworthy who can take the job, requiring them to act together in everything they do may well keep them on their toes. Giving them independent authority may simply create more chaos. This could lead to severed relationships between the agents and conflicts when making important decisions.
It is common for two siblings to have shared power of attorney. Parents usually do this to be fair to all of their children and avoid conflicts between them, which can sometimes backfire. You should consider the relationship between the siblings before deciding whether to make one or all of them agents. Powers of attorney can vary significantly depending on the type, granted powers, the governing state, and other specifics. Determining who has the most power in multiple-agent POAs is not simple.
Here are the most common multiple-agents relationships, based on their roles in the POA:. Having a successor agent provides security in case the POA agent dies, resigns, or becomes incapacitated. You can choose two or more agents to act together on your behalf. They can act jointly or independently. Unlike them, co-agents or concurrent agents have the right to make decisions and act separately on any of the powers from the POA document.
Writing a power of attorney letter can cost you a fortune if you hire a lawyer to do it. Another way to make POAs is by using online templates, which are often free but too general and not so reliable. Our Power of Attorney product is convenient and easy on the budget. We can generate a rock-solid POA document for you in three steps! After you access DoNotPay , follow these steps:. Many states require POAs to be notarized , which is why we offer to connect you with an online notary in no time!
While you do have the right to name more than one person as your power of attorney, remember that allowing too many people to have a say can create conflict and chaos. Be sure to discuss your wishes with each of the people who you will choose to act on your behalf so that they are aware of what will be required of them including cooperation with your other agents. If you have questions or you are ready to move forward with creating your legal documents, contact our Orange County based estate planning law firm in Irvine.
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