Can Power of Attorney be split between 2 person?

Contract Law Forum
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I am asking this for a friend who seems confused. Can Power of Attorney be split between 2 people?

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Yes, it is possible for a Power of Attorney (POA) to be split between two persons, known as co-agents or co-attorneys-in-fact. This arrangement allows two individuals to share the responsibilities and decision-making authority granted by the Power of Attorney document.

There are a few important considerations to keep in mind when setting up a split Power of Attorney:

  1. Clear Instructions: The Power of Attorney document should clearly specify how decisions will be made when there are two agents involved. It should outline whether both agents must agree on every decision or if they can act independently in certain situations.
  2. Joint or Separate Powers: Depending on the circumstances, the POA can grant joint powers to both agents, requiring them to act together on all decisions, or separate powers, allowing each agent to make decisions independently within their designated areas of authority.
  3. Communication and Collaboration: Co-agents should maintain open communication and collaborate effectively to ensure that decisions are made in the best interests of the principal (the person granting the POA). They should keep each other informed and seek consensus on significant matters whenever possible.
  4. Successor Agents: In case one of the co-agents becomes unable or unwilling to serve, the POA document should designate successor agents who can step in and assume the responsibilities. This ensures continuity and avoids gaps in decision-making authority.
  5. Legal Requirements: The POA document must comply with the legal requirements of the jurisdiction where it is executed. It should be properly drafted, signed, and notarized according to state laws to ensure its validity and enforceability.

Before creating a split Power of Attorney, it’s advisable to consult with a qualified attorney who can provide guidance tailored to your specific situation and ensure that the document meets your needs and complies with applicable laws.

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You can name more than one person as your POA. These people will work together to make decisions for you. They will have to agree on every decision.

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Yes, it is possible to appoint multiple individuals as Power of Attorney (POA). You can have two or more people share this responsibility.

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A power of attorney may designate more than one person, and in some cases, attorneys advise doing so.

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A power of attorney must be voluntarily given. She cannot compel him to sign one. While she could pursue declaring him incompetent, this seems impractical and costly given his apparent competence.

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This is only possible if the several attorneys-in-fact are specified in the Power of Attorney (POA) instrument, which must specify that each attorney-in-fact has the authority to act independently.

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Yes, a Power of Attorney (POA) can be split between two or more individuals. This arrangement allows multiple agents (also known as attorneys-in-fact) to act on behalf of the principal, the person who grants the POA.