if someone gives 2 people power of attorney which one is official

When you have two individuals holding power of attorney, it is vital that each person take full responsibility for his share of the duties. If one drops the ball, it causes all kinds of problems. For this reason, I typically recommend having one person serve as the primary attorney-in-fact, with another as a back-up.

Full Answer

Can power of attorney be given to two persons?

By Larissa Bodniowycz, J.D. 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.

Can 2 people have Poa for the same person?

May 29, 2015 · If Someone Has Two Different POA Forms, Which One Is Valid? May 29th, 2015. Q. If a person has two power of attorney (POA) forms dated at different times to two different people and neither has anything in it regarding voiding the prior POA, is the more recent one valid? Both were drawn up by an attorney. A.

Can 2 people be charged with possession of?

Feb 15, 2021 · Appointing a power of attorney can be a difficult decision. You’re asking someone to take on the responsibility of making a medical or financial decision if you’re not available or you’re incapacitated. Naturally, it may seem like a good idea to spread that authority to more than one person. You decide to name your two daughters as co-agents for power of attorney; they …

Can 2 people be charged for one gun?

Jan 02, 2019 · A person’s legal situation can get complicated when they try to have too many legal actions taken that they do not track properly. For example, if you already have a power of attorney with someone but then decide to create a separate power of attorney (POA) with someone else, then that is a problem.

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.

Two POAs on One Person

Can one person legally have two different POAs in effect giving two different people the power of attorney? The answer is yes. You can have two POAs in effect giving the power of attorney to two different people.

What Can You Do?

If you know that you have to POAs out there in effect, then the time to take care of the problem is while you are still legally able to change your POA. While you are considered able to make your own decisions, you can request that one of the POAs be revoked and the agent be stripped of their power of attorney.

Something to Consider

It may be hard to believe, but there are many people who purposely have POAs with many agents for the same legal areas. It is also important to remember that you can customize your POA to cover only certain aspects of your affairs. For example, you could have one POA that covers financial matters and another that covers contractual negotiations.

What is POA in law?

Having one person act as POA, with the second person acting as the successor agent. Allowing the agents to act independently of one another so each has different duties. Having disputes resolved by a neutral third party instead of a court. Allowing for mediation to resolve the issue rather than going to court.

What is a POA?

A power of attorney (POA) is a document that allows one or more people to act on your behalf when and if you're unable to do so. In that situation, you're called the principal, and the person acting on your behalf is the agent or attorney-in-fact.

Can a power of attorney be durable?

The power given can be for either financial or health care matters. A durable power of attorney continues even after you've become incapacitated and are unable to make decisions. If it is not durable and you're incapacitated, the agent cannot act for you.

When naming two agents, should the principal include both agents in the same power of attorney agreement?

When naming two agents, the principal should include both agents in the same power of attorney agreement. All three parties should sign the document at the same time in the presence of two witnesses, and both agents will need their own copy of the signed agreement.

Can you draft separate power of attorney agreements for each agent?

Do not draft separate power of attorney agreements for each agent. Otherwise, the agreement created last will be the agreement that prevails, and only one agent will have power of attorney for the principal.

Can a principal name two people as agents?

The principal can name two people as agents, called joint power of attorney. It is imperative, however, that a principal does not make this decision simply to appease relatives. The decision should be the principal’s, and should be made because the principal believes it is the best decision for her care.

Can a husband and wife have a power of attorney?

Power of Attorney Between a Husband & Wife. Most power of attorney agreements include just one principal and one agent. If a principal decides to elect two agents, however, this is certainly possible--provided that the powers granted to each agent do not overlap.

Gregory L. Jensen

Yes, more than one "agent" can hold POA powers, BUT banks REALLY dislike that. Besides, giving two people equal POA increases the risk one of them will abuse the POA. Some people worry about "offending" their family, so they put two (or even three) people down as "agents" w POA, but that is usually a mistake.

Joseph Michael Pankowski Jr

I agree with Attorney Hand. When you have two individuals holding power of attorney, it is vital that each person take full responsibility for his share of the duties. If one drops the ball, it causes all kinds of problems. For this reason, I typically recommend having one person serve as the primary attorney-in-fact, with another as a back-up.

Karl Edward Hand

Yes, there can be more than one. The person appointed is referred to as an attorney in fact. Except as otherwise provided in a power of attorney, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty as specified in the appointment.

What is a power of attorney?

‘Power Of Attorney’ is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons. Here a legal authority is given by the principal to the agent which may be broad or limited and an agent can take all necessary decisions i.e. financial, property related matters and all other matters where principal cannot be present to sign or in the case of principal’s illness and disability. A paper signed by principal giving powers to an agent is sometimes itself called a power of attorney. A paper giving a power of attorney should be clear and understandable.

Why is a power of attorney important?

A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood. It is often convenient or even necessary to have someone else act for you as there is advancement in the business and commerce transactions.

What does "to transact" mean?

1.1 To transact business:-To commence, transact, manage, carry on, close down any of my business and to do all things requisite or necessary or connected therewith including correspondence with any person or authority.

What does "to acquire" mean?

To acquire and to transfer:-To purchase, take on lease, to take charge or mortgage on and to acquire in any manner and to sell, mortgage, settle, charge, lease, grant tenancy or otherwise transfer and/or in any manner and/or on any terms deal with any immovable or real property or properties or any interest therein.

What does "promote" mean in a business?

To promote company:-To promote or form or cause to be promoted or formed or join with any other person in promoting or forming and to do all things necessary or proper to be done or causing to be formed and incorporated a company with limited or unlimited liability for any object and to settle and sign the memorandum and articles of association, prospectus, application forms, statement in lieu of prospectus and all other papers required for or in connection with incorporation, commencement of business of such company and other acts, relating thereto.

What does "to sell" mean?

4.1. To sell investments:-To acquire or sell, transfer, assign or join in acquiring or selling, transferring or assigning ail or any stocks, shares, annuities, debentures, stocks, bonds, obligations, government securities, units and other securities or investments of any nature whatever which do now or shall hereafter stand in my name or to which I am now or may at any time hereafter be entitled to and for that purpose to employ and pay brokers and other agents in that behalf and to receive and give receipts for the purchase money payable in respect of such sales and to transfer any investments so sold to the purchaser or purchasers thereof or as he or they direct and for these purposes to sign and execute all such contracts, transfer deeds and other writings and do all such other acts as may be necessary for effectually transferring or assigning the same.

What does "execute trust" mean?

To execute trusts:-To do all acts, deeds relating to any matter in which I am a trustee and/or beneficiary and to exercise all powers and authorities elsewhere hereunder or otherwise as expedient.