Feb 15, 2021 · 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. The court will attempt to discern the principal’s wishes through any estate planning ...
Jan 20, 2022 · A dual power attorney, as the name suggests, is a power of attorney where a person (the principal) names two individuals as his or her attorney-in-fact (or agents). Typically, the attorneys-in-fact will be given powers to make decisions for and on behalf of the principal. For example, if the principal has given a dual power of attorney to two ...
The two primary considerations when it comes to timing are: Durable vs. Non-Durable: Absent special, statutory language, a power of attorney (whether general or limited) is non-durable. A non-durable POA means that your agent will no longer be able to exercise the powers granted under the POA if you become incapacitated or disabled.
Apr 17, 2022 · Daphne Mallory. Date: April 17, 2022. With a dual power of attorney, rights and powers are conveyed to two named individuals. A dual power of attorney or joint power of attorney is a legal document that gives rights and power to two named persons. These persons are referred to as agents or attorneys-in-fact, and they have the right to manage ...
When you create a power of attorney, you are appointing an agent to make certain decisions on your behalf and defining the decisions that the agent may make. The two primary types of powers that can be granted to an agent are: 1 General: A general power of attorney grants your agent the power essentially to step into your shoes and make any decision on your behalf that you would otherwise be able to make on your own. A general POA is ideal in situations where you may require someone else to take care of all of your personal affairs on your behalf. For example, general POAs are commonly used to plan for an individual’s potential incapacity, but they can also be used if you are expecting to be travelling for an extended period of time. 2 Limited: A limited power of attorney grants your agent the power to make specific, defined decisions on your behalf. Sometimes limited POAs are also referred to as “Special POAs.” A limited POA can be limited to a single decision (like a power of attorney granted to a realtor giving him or her the authority to sell your home), or it may include several, specific powers. With a limited POA, you can also place limitations on when and how your agent can exercise the powers granted in the POA.
Once, and only if, the principal is determined to be incapacitated, the agent may then act according to the POA. In the absence of such conditions, a POA is effective immediately, and the agent can begin exercising the powers granted by the POA as soon as it is executed by the principal.
Sometimes limited POAs are also referred to as “Special POAs.”. A limited POA can be limited to a single decision (like a power of attorney granted to a realtor giving him or her the authority to sell your home), or it may include several, specific powers. With a limited POA, you can also place limitations on when and how your agent can exercise ...
The two primary types of powers that can be granted to an agent are: General: A general power of attorney grants your agent the power essentially to step into your shoes and make any decision on your behalf that you would otherwise be able to make on your own.
Springing vs. Immediate: A springing POA will not become effective until certain conditions are met. For example, springing POAs often provide that the agent may not exercise any of the powers granted in the POA until the principal becomes incapacitated. Once, and only if, the principal is determined to be incapacitated, the agent may then act according to the POA. In the absence of such conditions, a POA is effective immediately, and the agent can begin exercising the powers granted by the POA as soon as it is executed by the principal.
A general POA is ideal in situations where you may require someone else to take care of all of your personal affairs on your behalf. For example, general POAs are commonly used to plan for an individual’s potential incapacity, but they can also be used if you are expecting to be travelling for an extended period of time.
Adding language that specifically states that the powers granted in a POA are not revoked in the event of the principal’s incapacity or disability often creates a durable POA and avoids the problems associated with non-durable POAs.
Joint agents of a dual power of attorney are jointly responsible for carrying out their duties. When they are allowed to act independently, they are jointly and severally responsible.
Agents of a dual power of attorney may make medical decisions, including ending life support, for the principal.
Dual agents often have the same powers as those named in a single power of attorney. They may be authorized to convey legal title to property, negotiate and enter into contracts, and make payments to creditors.
There is no third agent to break the tie and choose one decision over another. As a result, a dual power of attorney can be written to allow agents to act independently. The principal has to expressly state that the agents can act on their own, and it may involve delineating specific powers for each agent.
Agents of a dual power of attorney may make medical decisions, including ending life support, for the principal. The requirement that both agents agree to all decisions made on behalf of the principal can be problematic. There is no third agent to break the tie and choose one decision over another. As a result, a dual power ...
What is a ‘jointly and severally’ power of attorney? In a lasting power of attorney, ‘jointly and severally’ means that your attorneys can make decisions together or act by themselves if they need to.
A power of attorney gives someone you trust the power to make decisions for you if you’re not able to make them.
Typically, you choose certain decisions that all attorneys must agree on. For example, buying or selling property, or managing investments. For anything else, you let them act independently. Pros: Gives your attorneys flexibility on most things while ringfencing key assets.
If the person who made the power of attorney can’t make a new one, you’re in an awkward position. If the power of attorney says you need to make one or all decisions jointly… you won’t be able to act as attorney on those decisions without them. The replacement attorneys can step in, if the LPA names any.
It’s more flexible. And if one of your attorneys drops out, the remaining attorneys can still act. Your replacement attorneys, if you have them, will simply work alongside them.
Typically, you choose certain decisions that all attorneys must agree on. For example, buying or selling property, or managing investments. For anything else, you let them act independently.
When you make a power attorney, you can decide how your attorneys should make decisions. You have three options: joint, joint and several, and a mix.
When deciding to prepare powers of attorney for personal care and property, it is imperative to carefully consider who you want to appoint as your attorney (s). In the event you decide to appoint multiple attorneys, is also important to consider whether you want each of them to be empowered to make decisions separately or if decisions should be made together.
If Jane’s power of attorney for property gives Mark and James the authority to act jointly and severally, this means that they can each make separate decisions without the other person’s agreement or sign-off on same. This type of appointment would solve the problem that Mark faces when he needs to pay one of Jane’s expenses urgently, but James is out of town for work. Mark would be able to sign a cheque from Jane’s account, without the need for James to be present and to sign as well. This would also allow Mark and James to split up their responsibilities as Jane’s attorneys, thereby reducing the burden of work on each of them.
If Jane decides to appoint Mark and James “jointly”, this means that they will both need to agree on all decisions made with respect to Jane’s care or her finances. For example, both Mark and James will need to attend at the bank together when withdrawing funds from Jane’s account and both of their signatures will be required on cheques in Jane’s name. Mark and James will also need to agree on what type of care-giving assistance Jane might require as she ages and/or whether she may need to be moved to a full-time care facility as she ages.
An important decision Jane now needs to make, is whether she wants Mark and James to be empowered to act “jointly”, or “jointly and severally” – or in other words, whether she wants them to have to make decisions together, or to be able to act separately.
By appointing Mark and James “jointly” as her attorneys and requiring them to be unanimous in their decision making, Jane would be reducing the risk that one of her sons might misuse her funds and act alone without the other son’s knowledge. Although Jane does not believe that James would ever steal money from her, she has some concerns about his ability to manage money, given his spending habits in the past. By having Mark and James act jointly, Jane would have peace of mind in knowing that both of her sons must be in agreement regarding all the choices they make, financial or otherwise.
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A major drawback to a joint appointment, however, is that it may not always be practical for Mark and James to attend together at the bank to sign documents at the same time. James often travels for his job and both sons enjoy taking vacations abroad. If James is away for work and an important bill needs to be paid, Mark may have to wait for his return before a cheque can be signed to pay it. In addition, given the fact that Mark and James do not always get along, requiring them to agree on all decisions they make could cause significant conflict between them, or even lead to litigation if they cannot resolve their differences.
Under subsection 18 (5) of the Power of Attorney Act, two or more attorneys with the same area of authority must act unanimously in exercising the authority unless the adult giving the power describes the circumstances in which the attorneys need not act unanimously, or sets out how a conflict between them is to be resolved.
When you appoint someone as your attorney under an enduring power of attorney, you give them the power to take care of your financial and legal matters even if you subsequently become incapacitated. This might include paying your bills and expenses, depositing and withdrawing funds from your bank account, making or changing investments, ...
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.
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.
The best approach is usually to choose just one attorney-in-fact. But Nolo's Durable Power of Attorney allows you to name up to three people to serve together. Asking two or three people to manage your finances may prove unwieldy enough—counting on more than three to coordinate their actions on your behalf would be a logistical nightmare. If you want to name more than three attorneys-in-fact, talk with a lawyer.
When naming alternates, use the same criteria that you used to make your first choice for attorney-in-fact. Your alternates should be every bit as trustworthy and competent. If you don't know anyone you trust well enough to name as a first or second alternate, skip the matter altogether.
Requiring your attorneys-in-fact to act jointly ensures that decisions are made carefully and with the knowledge of everyone involved, but coordinating multiple decision makers can be burdensome and time-consuming. On the other hand, allowing your attorneys-in-fact to act separately makes it easy to get things done, but allowing two or three people to make independent decisions about your finances can lead to poor record keeping and general confusion. For example, your attorneys-in-fact may independently take money out of your bank accounts or buy and sell stock without full knowledge of what the others are doing to manage your investments.
If you name a second alternate, that person will take over only in the extremely unlikely event that all of your named attorneys-in-fact and your first alternate cannot serve.
If your attorneys-in-fact get into a dispute that interferes with their ability to represent you properly, they may need help working things out. Getting help could mean submitting the dispute to mediation or arbitration—or going to court to have a judge decide what's best.
On the other hand, allowing your attorneys-in-fact to act separately makes it easy to get things done, but allowing two or three people to make independent decisions about your finances can lead to poor record keeping and general confusion.
In general, it's a bad idea to name more than one attorney-in-fact, because conflicts between them could disrupt the handling of your finances. Also, some banks and other financial institutions prefer to deal with a single attorney-in-fact.