how to show more than one person as power of attorney representative

by Garnet Wyman 5 min read

When appointing more than one agent, you should pay attention to the box on the power of attorney that asks if you would like your agents to act separately. If you do not initial this box, your agents must act jointly. This means that all their signatures are required to perform any act on your behalf.

Full Answer

Should you appoint a power of attorney to more than one person?

Jan 06, 2021 · The short answer is, yes, you can. However, each party—yourself included—must understand they are both liable for one another’s actions. You may be thinking, “Why would I want to have more than one person appointed as my power of attorney?”. Typically, we see this situation occur for a few reasons:

Should I name a different power of attorney for each agent?

What are the given powers of a power of attorney?

Can I give one power of attorney for real estate transactions?

Aug 12, 2019 · While you do have the right to name more than one person as your power of attorney, you should discuss all of your options with an estate planning attorney. (949) 333 …

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What is a power of attorney?

A power of attorney is a substantial legal document that allows you—as a principal—to appoint an agent (attorney-in-fact) to make certain decisions on your behalf. Whether it’s out of convenience or mental or physical illness, an agent has a responsibility to handle your medical, financial, or personal matters.

Can a principal be a power of attorney?

A principal can select one person to be their power of attorney agent and the other one to be that agent’s successor. Having a successor agent provides security in case the POA agent dies, resigns, or becomes incapacitated. The successor doesn’t have any authority over the principal’s assets and decisions if the agent is alive and capable ...

What is an attorney in fact?

The attorney-in-fact is expected to put your interests before their own and act in good faith and according to your expectations. The given powers, duration of the agreement, and other specifics of a power of attorney depend on your preferences and the POA type.

Can an agent act on your behalf?

One agent can always act on your behalf if the other one is out of town. Agents can divide the responsibility in the selling process. Agents can split duties. Possibility of disputes is always present. It can trigger fraud concerns with third parties (banks or credit card companies) It can cause logistical problems.

Can you have more than one power of attorney?

It’s ok to choose more than one agent when you create multiple powers of attorney as long as you realize that each agent should have a particular responsibility. For example, if you create healthcare and financial powers of attorney, naming a different agent under each is fine. In fact, it’s probably a good idea in some situations because different people may be better at, for example, making financial decisions than others.

Can you name alternate agents in a power of attorney?

It’s also a very good idea to name alternate or replacement agents in each power of attorney you create. A replacement agent will take over the original agent’s responsibilities if the original agent is no longer able or willing to serve. In fact, choosing two or more replacement agents is something you’ll probably want to do for each power of attorney you create .

Do estate plans have powers of attorney?

A lot of estate plans include different types of powers of attorney. While these documents are very useful, there are some practical limitations you should know about before you make a decision about the agent you choose through your power of attorney.

Thomas J Callahan

Theoretically, you could do a limited power of attorney to deal with specific transactions in one form, but I think it best that each principal execute these limited POAs separately. That way, if one principal drops out altogether or for any particular deal, or terminates the POA, you don't have to re-execute a document.

David M Owens

I agree that each of you need to separately execute a POA for the agent to conduct real estate transactions on your behalf. Because you want to limit the scope of their representation, it makes sense to work with an attorney to draft these for you.

Ivette M Santaella

Hello,#N#It would be better and easier to manage if each principal did their own DPOA.#N#I have attached a link that explains the POA laws in MA. If you have further questions, it is recommended that you consult with a local attorney.

What Are The Different Types Of Power Of Attorney?

There is a handful of different power of attorney options available to fit your legal needs, but for the most part, power of attorney falls into one of six categories:

What Is A Competent Principal?

The principal is the individual who appoints a power of attorney. Another way to think of the principal is as the person a power of attorney is making the decisions for. A competent principal is still coherent and mentally able to make his or her own decisions.

How Is A Disagreement Between Co-Agents Resolved If The Principal Is Incapacitated?

If two people are named as co-agents on a durable power of attorney and they are faced with a financial or health care decision that they can’t agree on, then the co-agents can petition the court to decide. In most case, this will be the probate court.

What Are Some Ways To Avoid Conflict Between Power Of Attorney Co-Agents?

The simplest option is to not give two people power of attorney. Or, if you must appoint two people, name one as the primary representative and the other as the secondary representative in case the primary becomes incapacitated.

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