what happens if multiple people have medical power of attorney

Ideally, the agents would work together regardless of the law to manage a parent’s medical and/or financial affairs, but that is easier said than done for many families. If the co-agents are granted joint powers of attorney, then they cannot act independently and must make all decisions together.

Full Answer

How does a medical power of attorney work?

A medical power of attorney always involves two people: the principal (that’s you) and the agent. Just like in Hollywood, right? Not quite. In this case, a smooth-talking hustler is the last person you want as an agent.

Can more than one person have the power of attorney?

The authority of a power of attorney is in effect as long as the person who granted the authority is alive. 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?

What happens if a power of attorney dies?

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 of handling their responsibilities. You can choose two or more agents to act together on your behalf.

What happens if you have two co-agents on a power of attorney?

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.

2 attorney answers

I agree with Mr Pry that you can name co-agents however discourage them as well for the reasons already stated by my colleague. I suggest you contact an Estate Planning or Elder Law attorney in the city where your grandmother resides to set up an appointment...

Beate B Weiss-Krull

I agree with Mr Pry that you can name co-agents however discourage them as well for the reasons already stated by my colleague. I suggest you contact an Estate Planning or Elder Law attorney in the city where your grandmother resides to set up an appointment...

How Does a Power of Attorney Work?

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. The attorney-in-fact is expected to put your interests before their own and act in good faith and according to your expectations.

How long does a power of attorney last?

The authority of a power of attorney is in effect as long as the person who granted the authority is alive.

Can Two Siblings Have the Power of Attorney?

Yes. 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.

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.

What is joint agent vs co agent?

Joint Agents vs. Co-Agents. You can choose two or more agents to act together on your behalf. They can act jointly or independently. Joint agents have to agree on everything and make decisions together to act in the principal’s best interest.

How many notices do you get for a power of attorney?

You will receive a personalized power of attorney document and two notices.

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How Does Medical Power of Attorney Work If I Live in More Than One State?

Most states have reciprocity , but to be sure your wishes are carried out, you may want to have a separate medical power of attorney completed for each state you live in.

What Is a Medical Power of Attorney?

A medical power of attorney is a legal document that designates someone to make health care decisions for you if you’re too sick or unable to communicate your preferences. In legal terms, this person is known as your agent.

How Is a Medical Power of Attorney Different From a Living Will?

While a power of attorney gives a person the authority to speak on your behalf, a living will outlines your wishes for end-of-life care. It also helps communicate your beliefs and values and make it easier for your agent to make decisions based on your preferences, relieving some of the stress they may experience.

How Do I Give Someone Medical Power of Attorney?

Each state has its own requirements. Check with your local health department, hospital or doctor for a printable medical power of attorney form that can be used in your state. The Eldercare Locator can also provide guidance on locating the appropriate forms.

How Does My Agent Know What Decisions To Make?

This way, they know your preferences with regards to feeding tubes, life support or emergency resuscitation. You can also detail your wishes in a living will.

When does a power of attorney take effect?

A health care power of attorney takes effect when a doctor determines a patient can’t make medical decisions for themselves or are unable to communicate them. The most common cases are when a patient is in a coma or late stages of dementia. Should the patient recover, the medical power of attorney no longer applies.

Who can empower you to make medical decisions?

You can empower anyone that you trust to make medical decisions on your behalf. It may be a spouse, partner, adult son or daughter, family member, friend, or someone from your spiritual community.

Who is the principal in a medical power of attorney?

A medical power of attorney always involves two people: the principal (that’s you) and the agent. Just like in Hollywood, right? Not quite. In this case, a smooth-talking hustler is the last person you want as an agent.

What happens when you have a POA?

Maybe you’re wondering what could ever happen to keep you from speaking with doctors about what kind of care you want. Painful as it is to say, this kind of situation happens more often than we’d like! Typically, a medical POA only comes into play when someone: 1 Falls into a coma as the result of brain injury or stroke 2 Has a lapse of mental health keeping them from being of sound mind 3 Loses the power of communication through disease or dementia

What is a medical POA?

A medical power of attorney (medical POA or health POA) is a legal document you use to name an agent and give them the authority to make tough medical decisions for you. A medical POA is different from a normal POA (which is more general) or a financial POA (which is similar but for your money). The agent can only use the power a medical POA gives ...

What is POA in medical terms?

Typically, a medical POA only comes into play when someone: Falls into a coma as the result of brain injury or stroke. Has a lapse of mental health keeping them from being of sound mind. Loses the power of communication through disease or dementia. Yeah, we’re talking about serious medical situations.

What to do if a doctor can't speak for yourself?

If a doctor ever decides you can’t speak for yourself, the main thing your family will need is control over what to do next so you get the best medical care. A medical power of attorney is the megaphone they need to speak into an urgent situation. Without it, their voice—and your wishes—might not be heard.

How to deal with end of life decisions?

There are two methods for dealing with end-of-life decisions: trying to describe all your wishes in a living will or having someone you trust make those calls for you under your medical power of attorney. So, it comes down to a piece of paper versus a person.

What is a Durable Power of Attorney?

And there may be other ways you can scramble those words to say the same thing! The point here is that filing a medical power of attorney is how you ensure that someone you trust can speak on your behalf if become medically incapacitated.

How to name two agents?

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 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 two people have the same power of attorney?

Can Two People Have the Power of Attorney for the Same Person? 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.

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 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.

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 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!

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 you name your daughter as a power of attorney?

For instance, you name your financially savvy daughter as your power of attorney but your son who is in the medical field as your designation of health care surrogate. This way, one can pay the bills while the other can do all the doctor/care management work. A lot of factors go into the decisionmaking of who to choose as your health care surrogate.

What is an alternate agent in a power of attorney?

A replacement agent will take over the original agent’s responsibilities if the original agent is no longer able or willing to serve.

How to lessen problems with co-agents?

One way to lessen problems with co-agents is to allow each of them to act independently. However, this decision should not be made lightly. Created properly and with care, powers of attorneys can be useful and cost-effective planning tools.

Can a power of attorney have co-agents?

Co-Agents. Co-agents under a power of attorney have equal responsibilities. While this might seem like a good idea, it is usually not. The practical necessity of having each agent coordinate and come to an agreement on each decision they make means that appointing co-agents could backfire on you.

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.

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.