how many persons can be on a power of attorney

Two people or more can have Power of Attorney, though it is generally advised against. Nominating more than one POA

can create confusion when it comes time to make important decisions -- especially with time-sensitive medical decisions.

Full Answer

How much power does your power of attorney actually have?

Can More Than One Person Have the Power of Attorney? The short answer is yes. You can have two, three, or ten people as your agents if that’s what you want. The real question is—should you? The more agents you have, the more reasons for feuds and disputes.

How to prove that someone is power of attorney?

It is possible for two people to have power of attorney (POA) over the same person simultaneously, particularly if the principal indicates the request in the document itself. A POA is a legal document that grants a person the power to act on behalf of another person. The grantor is called the principal.

How many people can be on a power of attorney?

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 …

Why should I have a power of attorney?

Yes, you can name more than one person on your durable power of attorney, but our law firm generally advise against it under most circumstances. First, there is no legal reason why you cannot name more than one person as your power of attorney - you can name 10 people if you want. The real question is should you name more than one person?

How many powers of attorney does Jane have?

Multiple Powers of Attorney. If Jane has two powers of attorney, one that she wrote three years ago that names David as the sole agent and another that she wrote one year ago that names Mary, who holds the power depends on Jane's intent and what is explicitly stated in the documents.

What is POA in law?

A POA is a legal document that grants a person the power to act on behalf of another person. The grantor is called the principal. The person that holds the authority for another is called the agent. The following are some examples of common scenarios where this issue arises.

Does David have power over Mary?

In this example, David only gains authority when Mary can no longer serve. As long she can do so, however, David has no power to act on his mother's behalf. If, instead of naming David as a successor agent, Jane names him as a co-agent, then David and Mary both have authority at the same time.

Can Mary and David act independently in Florida?

If it is silent on the issue, state laws provide a default rule. In Florida, like many states, David and Mary would be able to act independently. If Jane and David are co-agents who must act together, another issue that may arise is what happens if they do not agree on the best course of action.

Question

Can you have a shared power of attorney? 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.

Answer

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.

What is a co-surrogate power of attorney?

Remember, your power of attorney is for financial and legal decision making while your health care decisions are subject to your advance directives.

Why do we advise more than one?

The reason why we do advise more than one is in the event of a conflict. With multiple named attorneys-in-fact, there is always the ability for people to conflict on decisions. Conflicts may mean paralysis as each decisionmaker can overrule the other and the only way out would typically be a guardianship proceeding.

Can you name more than one person on a power of attorney?

Yes, you can name more than one person on your durable power of attorney, but our law firm generally advise against it under most circumstances. First, there is no legal reason why you cannot name more than one person as your power of attorney - you can name 10 people if you want.

Can you name one person at a time?

Answer: no one (or everyone)! We prefer to name one person at a time in descending order - i.e., start at your spouse and move to children in order of priority or what have you. There is, however, a great exception to this rule: when you have an aging couple, it may be best to name your spouse and a responsible child as attorneys-in-fact. ...

Can a power of attorney prevent guardianship?

If you do not do things the right way, the power of attorney may not be able to prevent a guardianship, so think about things thoroughly!

What is a POA?

The POA is your mother's and with that , the role of "agent" or "person (s) who hold (s) the Power" is given by your mom. It is actually a VERY common misconception that you can just do a POA for someone who is in need of care when in fact, only the person that you want to help can sign the POA giving you the right...

Can siblings be joint agents?

It is unclear to me whether your siblings are "joint agents" under the power of attorney, or if you are saying that each has a separate power of attorney for your relative. The latter can be very confusing.#N#Presumably, there is a reason you have not been given this responsibility, either...

Can you use "OR" with multiple names in Florida?

The more you have-the harder they are to use .#N#In Florida we can use "OR" with multiple names.#N#First person to make the decision prevails.#N#The parent in your case should make the decision without#N#pressure from the children...

What is the power of attorney in fact?

Generally, the law of the state in which you reside at the time you sign a power of attorney will govern the powers and actions of your agent under that document.

How long does a power of attorney last?

Today, most states permit a "durable" power of attorney that remains valid once signed until you die or revoke the document.

What to do if you are called upon to take action as someone's agent?

If you are ever called upon to take action as someone’s agent, you should consult with an attorney about actions you can and cannot take and whether there are any precautionary steps you should take to minimize the likelihood of someone challenging your actions.

Why do you need a power of attorney?

Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary, for example, due to travel, accident, or illness, or it may be permanent.

Why is a power of attorney important?

A power of attorney allows you to choose who will act for you and defines his or her authority and its limits, if any.

What are the qualifications to be an attorney in fact?

There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

What is a springing power of attorney?

The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Can a doctor override a power of attorney?

Yes — but only in limited circumstances. If an advance medical directive is in place, the instructions in that document may override the decision of a power of attorney. Additionally, doctors may also refuse to honor a power of attorney’s decision if they believe that the agent is not acting in the best interest of the patient.

Do power of attorney have fiduciary duty?

Yes — but the agent always has a fiduciary duty to act in good faith. If your power of attorney is making such a change, it must be in your best interests. If they do not act in your interests, they are violating their duties.

Can a durable power of attorney make medical decisions?

Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.

Can a power of attorney withdraw money from a bank account without authorization?

No — not without express authorization to do so. A person with power of attorney does not need to add their own name to the bank account. They already have the legal authority to withdraw money from your account to take care of your needs.

Can a person change their power of attorney?

Yes. A durable power of attorney is a flexible legal document. As long as a person is mentally competent, they can change — even revoke — power of attorney.

Can a principal designate two or more co-agents?

Yes, see below: 709.2111 Co-agents and successor agents.—. (1) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently... 0 found this answer helpful.

Can a co-agent be a successor agent?

Yes, see below:#N#709.2111 Co-agents and successor agents.—#N#(1) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently...

How many attorneys can I have?

Technically you can have as many attorneys as you like but it is common to appoint between one and four attorneys. It's advisable not to have too many attorneys, as it can cause issues if lots of people are trying to act on your behalf at once. At the same time, it's best not to have too few, or could find yourself in a position where there is no ...

What is a lasting power of attorney?

You appoint an attorney in a legal document called a 'Lasting Power of Attorney'. There are two different types of Lasting Power of Attorney – one covers health and care decisions, and one covers financial decisions. You can have one or both types of LPA in place. Once you have made a Lasting Power of Attorney then it needs to be registered ...

What is an attorney?

An attorney is someone who you have decided should have legal authority to deal with your affairs, if there comes a time when you're unable to deal with them yourself. This can be a friend, a relative or a professional, but it's important that your attorney is someone you trust. You appoint an attorney in a legal document called a 'Lasting Power ...

Can you appoint more than one attorney?

If you only appoint one attorney and that person becomes unable to act, no one else will have the authority to take their place. For this reason, it can be a good idea to appoint more than one attorney, but there are factors you'll need to consider when appointing multiple attorneys.

Can a replacement attorney act in the same way as the original attorney?

The replacement attorney will only be able to act in the same way the original attorney was appointed to act. So if the original attorney had to act jointly with other attorneys, the replacement attorney must also make decisions with the support of the other attorneys. Also see Top Tips for Making a Lasting Power of Attorney.

Can I make a replacement attorney for a power of attorney?

Replacement Attorneys. When making a Lasting Power of Attorney, you can also name replacement attorneys. These can step in if one of your original attorneys can no longer act, perhaps because he/she has already passed away, is ill or simply no longer wants to be your attorney. There are other circumstances under which an original attorney may not ...

Can couples make mirror power of attorney?

For instance, you might like one person to manage your finances, but another to manage your day-to-day welfare. Couples can make Mirror Lasting Power of Attorneys, nomina ting each other or the same people to act as their attorneys.

What happens to a power of attorney when you die?

They cease at death. A power of attorney loses all authority at the moment of death.

Is a power of attorney valid if you are incapacitated?

There are powers of attorney that are limited in time. There are also powers of attorney that are no longer valid if you become incapacitated.

Can a power of attorney be amended?

A power of attorney is always able to be revoked or amended. As long as you have the capacity to make appropriate legal decisions on your own behalf, then you have the right to make changes to your power of attorney document. If you do not believe that the document is in keeping with your wishes, then you should certainly consult ...

Does a power of attorney remove the power to act?

A power of attorney does not remove your power to act, it just authorizes someone else to also act under the limitations that you have placed. It is not the same as a conservatorship, where a court removes your power to act and places that power in the hands of another. They are fully revocable.

Can you get yourself in trouble with a power of attorney?

At times, it is very easy to unintentionally get yourself in trouble through the use of a power of attorney. The guiding north star for any agent should always be to act solely in the best interests of the person who granted the power of attorney. You cannot use the power of attorney to provide any benefit to yourself.

Can a power of attorney be used without oversight?

They are typically able to engage in such actions, without your direct oversight, because the document allows for that. There are many different types. People often think that one power of attorney document is like all others. This is simply not the case. There are powers of attorney that are limited to healthcare.