Estate Planning

Can You Have Two Power of Attorneys? (A Lawyer Answers)

Can You Have Two Power of Attorneys? (A Lawyer Answers)
Trustworthy icon

Ty McDuffey

Apr 15, 2023

Making a power of attorney designation may be difficult since it entails trusting someone else with the duty of making vital medical or financial decisions on your behalf in the event of your incapacity or unavailability. 

For this reason, you might want two people to serve as your power of attorney. 

But does the law allow for this?

In short, it is possible to name multiple people on a power of attorney, and some lawyers recommend doing so in certain circumstances. However, while it may seem like a good idea to delegate this responsibility to numerous people, such as designating two children as co-agents, evaluating the possible legal ramifications is critical. 

This article will give you all the information you need to decide whether and how to use two powers of attorney.

Key Takeaways:

  • By appointing several agents to handle different assets, such as your real estate and artwork, you may use their specialized skills and expertise to your advantage.

  • Appointing two siblings as power of attorney is a good idea for families that want to split duties and prevent disagreements over assets. 

  • When providing several persons with power of attorney, consider appointing one person as the primary representative and the other as the secondary representative to minimize agent disagreements.

  • If the principal, the person who granted power of attorney, no longer wants the agent to have that authority, they may revoke it. 

Is it Best to Name More than One Power of Attorney?

Signing documents

In some situations, selecting one person as your attorney-in-fact might be the best choice. 

Disputes over the legitimacy of your document might develop when many people are designated as attorneys-in-fact. 

These disagreements cause decision-making paralysis, and the only answer may be a guardianship process

There are, however, exceptions to this rule. 

When an older couple has health challenges and memory problems, naming a spouse and a responsible child as agents may be advantageous. If one parent becomes disabled, the other parent and child may step in and make choices jointly. This helps avoid crises and family stress.

It is critical to speak with an experienced attorney to determine your circumstance's best course of action. Carefully analyze your situation since a power of attorney may only be able to avoid guardianship if properly set up.

Pros and Cons of Naming More than One Agent

In a power of attorney, naming more than one agent might have both pros and cons.

Pros:

  • Convenience: Having a second agent may make handling financial and estate affairs quicker and simpler, particularly if one agent is out of town. This additional agent will be able to meet with local experts such as real estate brokers, bankers, and financial planners if they need to make quick decisions about your high-priced belongings if something happens to you while you’re away. 

  • Shared Responsibilities: By appointing several agents to handle different assets, such as your real estate and artwork, you may use their specialized skills and expertise to your advantage. One agent might know more about real estate, while the other might know more about valuable artwork. Appointing several agents to handle different aspects of your estate when you die can help ensure that your belongings are taken care of according to your wishes.

Cons

  • Disputes: There is a risk of disagreements among agents under a dual power of attorney, which may lead to family issues and legal actions. Agents might argue about financial decisions or whether the principal is mentally competent. 

  • Concerns about fraud: Third parties, such as financial institutions, may refuse to recognize co-authority. Financial institutions are especially suspicious of estate fraud, which may cause problems with estate planning or other business upon your death.

  • Increased Risk of Financial Elder Abuse: When two persons have the power of attorney, the risk of financial elder abuse increases. Financial elder abuse may occur if any agents are in financial trouble and are inclined to take the principal's money.

  • Logistical Issues: Naming two or more agents might result in logistical issues such as increased workload for the agents, confusion, and the possibility of disputes. It could also be more difficult to coordinate on decisions such as terminating life support when two agents are in different geographic areas.

Is it Possible for Two Siblings to Have Power of Attorney?


Appointing two siblings as power of attorney is a good idea for families that want to split duties and prevent disagreements. The dual power of attorney is permitted by law, and it may be an excellent method to guarantee that everyone is involved and feels significant.

For instance, if one sister is financially knowledgeable while the other is in the medical sector, the first can handle your estate’s money distribution. In contrast, the second can handle medical choices and care management.

Another reason to select two siblings as power of attorney is to minimize future family feuds. Sibling rivalry exists, and allocating roles to both siblings may help eliminate feelings of exclusion and favoritism.

However, note that the power of attorney agreement must be unambiguous and specific to minimize uncertainty and ambiguity. A sibling agreement, drafted with the assistance of a lawyer, may go into further detail about each sibling's expectations and duties to prevent any confusion. 

Before making a final choice, it's critical to discuss both siblings' needs and intentions openly and to ensure that your preferences are clear from the start. This may assist in alleviating any fears and ensure everyone is on the same page.

How to Create a Power of Attorney Arrangement With Multiple Siblings

Making a power of attorney arrangement with several siblings may be a complicated procedure that needs considerable thought. 

A joint power of attorney agreement may be structured in various ways, and the decision will substantially influence the rights of each individual involved.

Co-Agents

One possibility is to designate the siblings as co-agents, with each having the authority to make decisions on their own. In this instance, all co-agents must agree to make a decision. 

The power of attorney should be signed by all co-agents in the presence of witnesses, and each agent should have a copy of the signed document.

Joint Agency

Another alternative is to designate the siblings as joint agents. All agents must be present in a joint agency and agree to make a decision. 

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

When providing several persons with power of attorney, consider appointing one person as the primary representative and the other as the secondary representative to minimize agent disagreements.

Furthermore, separating roles, such as having one person handle monetary affairs while the other tackles healthcare choices, assigning particular obligations to each agent, or even employing a neutral third party to make decisions in the case of conflicts, should be explored. 

In any event, it is critical to thoroughly weigh your alternatives before making a choice.

Who Has the Authority to Override a Joint Power of Attorney?

Making a document official

If the principal, the person who granted power of attorney, no longer wants the agent to have that authority, they may revoke it. This may happen owing to changes in the principle-agent relationship, but it can only happen if the principal is of sound mind.

Some actions may be taken if the principal cannot withdraw a power of attorney, but other family members believe it is required. This may be necessary if the existing agreement does not adequately serve the principal's interests or issues with the current agent have emerged.

In these situations, family members can seek to have the power of attorney declared invalid or have the principal declared incapacitated through a legal process such as guardianship or conservatorship proceedings.

The guardian or conservator would then have the legal authority to manage the principal's financial and personal affairs. 

The appointment of a guardian or conservator is a legal process and may require a hearing in front of a judge, and the outcome of this process may vary depending on the specific circumstances and laws in the jurisdiction.

Override Procedure

If the agent is not making judgments in the principal's best interests, they might be fired. Working with a lawyer to officially seek their resignation is advised. 

If this fails, the matter may need to be brought to court through the procedures mentioned above. Having the principal's backing might be beneficial in this process.

Built-in Limitations

Many powers of attorney agreements have provisions that may result in automatic termination. 

This might include a time limit for the agent to exercise the power of attorney or a specified activity that must be fulfilled. Furthermore, the agreement will be ended if either the principal or the agent dies.

Is it Necessary to Notarize a Joint Power of Attorney?

The rules and regulations governing power of attorney differ from state to state. Understanding your state's unique rules is critical to verify that your power of attorney arrangement is legally enforceable. 

Most states require power of attorney to be documented in writing, which must be notarized and signed by all individuals involved. Furthermore, certain states may demand the presence of one or more witnesses at the document's signing.

When executing any power of attorney, it is essential to utilize the proper papers to prevent misunderstandings or administrative complications. 

You may add legitimacy to the document in several places by using a notary or two witnesses. Remember that although notarization is not necessary for all jurisdictions, it is a standard practice to confirm the document's legal validity.

If the Principal is Incapacitated, How is a Disagreement Amongst Co-Agents Resolved?

If co-agents identified on a durable power of attorney disagree, the co-agents may seek a settlement via the judicial system. Typically, this would include requesting a ruling from the probate court. 

Before reaching a judgment, the court will consider any relevant estate planning documents and hear from both co-agents. 

To settle the issue, the court has the jurisdiction to modify a power of attorney, remove an agent's powers, or appoint a new agent.

What If My Attorney-In-Fact Dies or Becomes Incapacitated?

If the designated attorney dies or cannot perform their obligations, it is critical to understand the course of action described in the durable power of attorney paperwork. 

Many powers of attorney contain a provision for a successor attorney, such as a particular family member, to fill the job. 

If the attorney-in-fact dies or becomes incapacitated, the chosen successor must provide the durable power of attorney document with their name indicated as the new attorney in fact, as well as give documentation of the death, such as medical documents or a death certificate.

How Can I Make this Process Easier for My Children?

Power of Attorney document

Dividing tasks among family members is one approach to lessen some of the load. 

A parent, for example, may designate their financially savvy daughter as the main power of attorney while simultaneously naming their son, a medical practitioner, as the secondary power of attorney for healthcare-related matters. 

This enables specialized competence in certain areas, ensuring that all parts of the parent's care are effectively handled. 

It also provides for a division of work, ensuring that no one family member is overburdened by having to manage everything on their own.

How Can Trustworthy Help?

By offering secure storage options, Trustworthy can assist in keeping legal documents safe.

Trustworthy provides document management services, which enable the simple categorization and retrieval of crucial documents like durable power of attorney agreements.

Furthermore, Trustworthy provides secure sharing solutions that enable authorized parties to read documents remotely and securely, ensuring that critical information is always available when required.


Sign up for your free trial with Trustworthy today.

Estate Planning

Can You Have Two Power of Attorneys? (A Lawyer Answers)

Can You Have Two Power of Attorneys? (A Lawyer Answers)
Trustworthy icon

Ty McDuffey

Apr 15, 2023

Making a power of attorney designation may be difficult since it entails trusting someone else with the duty of making vital medical or financial decisions on your behalf in the event of your incapacity or unavailability. 

For this reason, you might want two people to serve as your power of attorney. 

But does the law allow for this?

In short, it is possible to name multiple people on a power of attorney, and some lawyers recommend doing so in certain circumstances. However, while it may seem like a good idea to delegate this responsibility to numerous people, such as designating two children as co-agents, evaluating the possible legal ramifications is critical. 

This article will give you all the information you need to decide whether and how to use two powers of attorney.

Key Takeaways:

  • By appointing several agents to handle different assets, such as your real estate and artwork, you may use their specialized skills and expertise to your advantage.

  • Appointing two siblings as power of attorney is a good idea for families that want to split duties and prevent disagreements over assets. 

  • When providing several persons with power of attorney, consider appointing one person as the primary representative and the other as the secondary representative to minimize agent disagreements.

  • If the principal, the person who granted power of attorney, no longer wants the agent to have that authority, they may revoke it. 

Is it Best to Name More than One Power of Attorney?

Signing documents

In some situations, selecting one person as your attorney-in-fact might be the best choice. 

Disputes over the legitimacy of your document might develop when many people are designated as attorneys-in-fact. 

These disagreements cause decision-making paralysis, and the only answer may be a guardianship process

There are, however, exceptions to this rule. 

When an older couple has health challenges and memory problems, naming a spouse and a responsible child as agents may be advantageous. If one parent becomes disabled, the other parent and child may step in and make choices jointly. This helps avoid crises and family stress.

It is critical to speak with an experienced attorney to determine your circumstance's best course of action. Carefully analyze your situation since a power of attorney may only be able to avoid guardianship if properly set up.

Pros and Cons of Naming More than One Agent

In a power of attorney, naming more than one agent might have both pros and cons.

Pros:

  • Convenience: Having a second agent may make handling financial and estate affairs quicker and simpler, particularly if one agent is out of town. This additional agent will be able to meet with local experts such as real estate brokers, bankers, and financial planners if they need to make quick decisions about your high-priced belongings if something happens to you while you’re away. 

  • Shared Responsibilities: By appointing several agents to handle different assets, such as your real estate and artwork, you may use their specialized skills and expertise to your advantage. One agent might know more about real estate, while the other might know more about valuable artwork. Appointing several agents to handle different aspects of your estate when you die can help ensure that your belongings are taken care of according to your wishes.

Cons

  • Disputes: There is a risk of disagreements among agents under a dual power of attorney, which may lead to family issues and legal actions. Agents might argue about financial decisions or whether the principal is mentally competent. 

  • Concerns about fraud: Third parties, such as financial institutions, may refuse to recognize co-authority. Financial institutions are especially suspicious of estate fraud, which may cause problems with estate planning or other business upon your death.

  • Increased Risk of Financial Elder Abuse: When two persons have the power of attorney, the risk of financial elder abuse increases. Financial elder abuse may occur if any agents are in financial trouble and are inclined to take the principal's money.

  • Logistical Issues: Naming two or more agents might result in logistical issues such as increased workload for the agents, confusion, and the possibility of disputes. It could also be more difficult to coordinate on decisions such as terminating life support when two agents are in different geographic areas.

Is it Possible for Two Siblings to Have Power of Attorney?


Appointing two siblings as power of attorney is a good idea for families that want to split duties and prevent disagreements. The dual power of attorney is permitted by law, and it may be an excellent method to guarantee that everyone is involved and feels significant.

For instance, if one sister is financially knowledgeable while the other is in the medical sector, the first can handle your estate’s money distribution. In contrast, the second can handle medical choices and care management.

Another reason to select two siblings as power of attorney is to minimize future family feuds. Sibling rivalry exists, and allocating roles to both siblings may help eliminate feelings of exclusion and favoritism.

However, note that the power of attorney agreement must be unambiguous and specific to minimize uncertainty and ambiguity. A sibling agreement, drafted with the assistance of a lawyer, may go into further detail about each sibling's expectations and duties to prevent any confusion. 

Before making a final choice, it's critical to discuss both siblings' needs and intentions openly and to ensure that your preferences are clear from the start. This may assist in alleviating any fears and ensure everyone is on the same page.

How to Create a Power of Attorney Arrangement With Multiple Siblings

Making a power of attorney arrangement with several siblings may be a complicated procedure that needs considerable thought. 

A joint power of attorney agreement may be structured in various ways, and the decision will substantially influence the rights of each individual involved.

Co-Agents

One possibility is to designate the siblings as co-agents, with each having the authority to make decisions on their own. In this instance, all co-agents must agree to make a decision. 

The power of attorney should be signed by all co-agents in the presence of witnesses, and each agent should have a copy of the signed document.

Joint Agency

Another alternative is to designate the siblings as joint agents. All agents must be present in a joint agency and agree to make a decision. 

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

When providing several persons with power of attorney, consider appointing one person as the primary representative and the other as the secondary representative to minimize agent disagreements.

Furthermore, separating roles, such as having one person handle monetary affairs while the other tackles healthcare choices, assigning particular obligations to each agent, or even employing a neutral third party to make decisions in the case of conflicts, should be explored. 

In any event, it is critical to thoroughly weigh your alternatives before making a choice.

Who Has the Authority to Override a Joint Power of Attorney?

Making a document official

If the principal, the person who granted power of attorney, no longer wants the agent to have that authority, they may revoke it. This may happen owing to changes in the principle-agent relationship, but it can only happen if the principal is of sound mind.

Some actions may be taken if the principal cannot withdraw a power of attorney, but other family members believe it is required. This may be necessary if the existing agreement does not adequately serve the principal's interests or issues with the current agent have emerged.

In these situations, family members can seek to have the power of attorney declared invalid or have the principal declared incapacitated through a legal process such as guardianship or conservatorship proceedings.

The guardian or conservator would then have the legal authority to manage the principal's financial and personal affairs. 

The appointment of a guardian or conservator is a legal process and may require a hearing in front of a judge, and the outcome of this process may vary depending on the specific circumstances and laws in the jurisdiction.

Override Procedure

If the agent is not making judgments in the principal's best interests, they might be fired. Working with a lawyer to officially seek their resignation is advised. 

If this fails, the matter may need to be brought to court through the procedures mentioned above. Having the principal's backing might be beneficial in this process.

Built-in Limitations

Many powers of attorney agreements have provisions that may result in automatic termination. 

This might include a time limit for the agent to exercise the power of attorney or a specified activity that must be fulfilled. Furthermore, the agreement will be ended if either the principal or the agent dies.

Is it Necessary to Notarize a Joint Power of Attorney?

The rules and regulations governing power of attorney differ from state to state. Understanding your state's unique rules is critical to verify that your power of attorney arrangement is legally enforceable. 

Most states require power of attorney to be documented in writing, which must be notarized and signed by all individuals involved. Furthermore, certain states may demand the presence of one or more witnesses at the document's signing.

When executing any power of attorney, it is essential to utilize the proper papers to prevent misunderstandings or administrative complications. 

You may add legitimacy to the document in several places by using a notary or two witnesses. Remember that although notarization is not necessary for all jurisdictions, it is a standard practice to confirm the document's legal validity.

If the Principal is Incapacitated, How is a Disagreement Amongst Co-Agents Resolved?

If co-agents identified on a durable power of attorney disagree, the co-agents may seek a settlement via the judicial system. Typically, this would include requesting a ruling from the probate court. 

Before reaching a judgment, the court will consider any relevant estate planning documents and hear from both co-agents. 

To settle the issue, the court has the jurisdiction to modify a power of attorney, remove an agent's powers, or appoint a new agent.

What If My Attorney-In-Fact Dies or Becomes Incapacitated?

If the designated attorney dies or cannot perform their obligations, it is critical to understand the course of action described in the durable power of attorney paperwork. 

Many powers of attorney contain a provision for a successor attorney, such as a particular family member, to fill the job. 

If the attorney-in-fact dies or becomes incapacitated, the chosen successor must provide the durable power of attorney document with their name indicated as the new attorney in fact, as well as give documentation of the death, such as medical documents or a death certificate.

How Can I Make this Process Easier for My Children?

Power of Attorney document

Dividing tasks among family members is one approach to lessen some of the load. 

A parent, for example, may designate their financially savvy daughter as the main power of attorney while simultaneously naming their son, a medical practitioner, as the secondary power of attorney for healthcare-related matters. 

This enables specialized competence in certain areas, ensuring that all parts of the parent's care are effectively handled. 

It also provides for a division of work, ensuring that no one family member is overburdened by having to manage everything on their own.

How Can Trustworthy Help?

By offering secure storage options, Trustworthy can assist in keeping legal documents safe.

Trustworthy provides document management services, which enable the simple categorization and retrieval of crucial documents like durable power of attorney agreements.

Furthermore, Trustworthy provides secure sharing solutions that enable authorized parties to read documents remotely and securely, ensuring that critical information is always available when required.


Sign up for your free trial with Trustworthy today.

Estate Planning

Can You Have Two Power of Attorneys? (A Lawyer Answers)

Can You Have Two Power of Attorneys? (A Lawyer Answers)
Trustworthy icon

Ty McDuffey

Apr 15, 2023

Making a power of attorney designation may be difficult since it entails trusting someone else with the duty of making vital medical or financial decisions on your behalf in the event of your incapacity or unavailability. 

For this reason, you might want two people to serve as your power of attorney. 

But does the law allow for this?

In short, it is possible to name multiple people on a power of attorney, and some lawyers recommend doing so in certain circumstances. However, while it may seem like a good idea to delegate this responsibility to numerous people, such as designating two children as co-agents, evaluating the possible legal ramifications is critical. 

This article will give you all the information you need to decide whether and how to use two powers of attorney.

Key Takeaways:

  • By appointing several agents to handle different assets, such as your real estate and artwork, you may use their specialized skills and expertise to your advantage.

  • Appointing two siblings as power of attorney is a good idea for families that want to split duties and prevent disagreements over assets. 

  • When providing several persons with power of attorney, consider appointing one person as the primary representative and the other as the secondary representative to minimize agent disagreements.

  • If the principal, the person who granted power of attorney, no longer wants the agent to have that authority, they may revoke it. 

Is it Best to Name More than One Power of Attorney?

Signing documents

In some situations, selecting one person as your attorney-in-fact might be the best choice. 

Disputes over the legitimacy of your document might develop when many people are designated as attorneys-in-fact. 

These disagreements cause decision-making paralysis, and the only answer may be a guardianship process

There are, however, exceptions to this rule. 

When an older couple has health challenges and memory problems, naming a spouse and a responsible child as agents may be advantageous. If one parent becomes disabled, the other parent and child may step in and make choices jointly. This helps avoid crises and family stress.

It is critical to speak with an experienced attorney to determine your circumstance's best course of action. Carefully analyze your situation since a power of attorney may only be able to avoid guardianship if properly set up.

Pros and Cons of Naming More than One Agent

In a power of attorney, naming more than one agent might have both pros and cons.

Pros:

  • Convenience: Having a second agent may make handling financial and estate affairs quicker and simpler, particularly if one agent is out of town. This additional agent will be able to meet with local experts such as real estate brokers, bankers, and financial planners if they need to make quick decisions about your high-priced belongings if something happens to you while you’re away. 

  • Shared Responsibilities: By appointing several agents to handle different assets, such as your real estate and artwork, you may use their specialized skills and expertise to your advantage. One agent might know more about real estate, while the other might know more about valuable artwork. Appointing several agents to handle different aspects of your estate when you die can help ensure that your belongings are taken care of according to your wishes.

Cons

  • Disputes: There is a risk of disagreements among agents under a dual power of attorney, which may lead to family issues and legal actions. Agents might argue about financial decisions or whether the principal is mentally competent. 

  • Concerns about fraud: Third parties, such as financial institutions, may refuse to recognize co-authority. Financial institutions are especially suspicious of estate fraud, which may cause problems with estate planning or other business upon your death.

  • Increased Risk of Financial Elder Abuse: When two persons have the power of attorney, the risk of financial elder abuse increases. Financial elder abuse may occur if any agents are in financial trouble and are inclined to take the principal's money.

  • Logistical Issues: Naming two or more agents might result in logistical issues such as increased workload for the agents, confusion, and the possibility of disputes. It could also be more difficult to coordinate on decisions such as terminating life support when two agents are in different geographic areas.

Is it Possible for Two Siblings to Have Power of Attorney?


Appointing two siblings as power of attorney is a good idea for families that want to split duties and prevent disagreements. The dual power of attorney is permitted by law, and it may be an excellent method to guarantee that everyone is involved and feels significant.

For instance, if one sister is financially knowledgeable while the other is in the medical sector, the first can handle your estate’s money distribution. In contrast, the second can handle medical choices and care management.

Another reason to select two siblings as power of attorney is to minimize future family feuds. Sibling rivalry exists, and allocating roles to both siblings may help eliminate feelings of exclusion and favoritism.

However, note that the power of attorney agreement must be unambiguous and specific to minimize uncertainty and ambiguity. A sibling agreement, drafted with the assistance of a lawyer, may go into further detail about each sibling's expectations and duties to prevent any confusion. 

Before making a final choice, it's critical to discuss both siblings' needs and intentions openly and to ensure that your preferences are clear from the start. This may assist in alleviating any fears and ensure everyone is on the same page.

How to Create a Power of Attorney Arrangement With Multiple Siblings

Making a power of attorney arrangement with several siblings may be a complicated procedure that needs considerable thought. 

A joint power of attorney agreement may be structured in various ways, and the decision will substantially influence the rights of each individual involved.

Co-Agents

One possibility is to designate the siblings as co-agents, with each having the authority to make decisions on their own. In this instance, all co-agents must agree to make a decision. 

The power of attorney should be signed by all co-agents in the presence of witnesses, and each agent should have a copy of the signed document.

Joint Agency

Another alternative is to designate the siblings as joint agents. All agents must be present in a joint agency and agree to make a decision. 

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

When providing several persons with power of attorney, consider appointing one person as the primary representative and the other as the secondary representative to minimize agent disagreements.

Furthermore, separating roles, such as having one person handle monetary affairs while the other tackles healthcare choices, assigning particular obligations to each agent, or even employing a neutral third party to make decisions in the case of conflicts, should be explored. 

In any event, it is critical to thoroughly weigh your alternatives before making a choice.

Who Has the Authority to Override a Joint Power of Attorney?

Making a document official

If the principal, the person who granted power of attorney, no longer wants the agent to have that authority, they may revoke it. This may happen owing to changes in the principle-agent relationship, but it can only happen if the principal is of sound mind.

Some actions may be taken if the principal cannot withdraw a power of attorney, but other family members believe it is required. This may be necessary if the existing agreement does not adequately serve the principal's interests or issues with the current agent have emerged.

In these situations, family members can seek to have the power of attorney declared invalid or have the principal declared incapacitated through a legal process such as guardianship or conservatorship proceedings.

The guardian or conservator would then have the legal authority to manage the principal's financial and personal affairs. 

The appointment of a guardian or conservator is a legal process and may require a hearing in front of a judge, and the outcome of this process may vary depending on the specific circumstances and laws in the jurisdiction.

Override Procedure

If the agent is not making judgments in the principal's best interests, they might be fired. Working with a lawyer to officially seek their resignation is advised. 

If this fails, the matter may need to be brought to court through the procedures mentioned above. Having the principal's backing might be beneficial in this process.

Built-in Limitations

Many powers of attorney agreements have provisions that may result in automatic termination. 

This might include a time limit for the agent to exercise the power of attorney or a specified activity that must be fulfilled. Furthermore, the agreement will be ended if either the principal or the agent dies.

Is it Necessary to Notarize a Joint Power of Attorney?

The rules and regulations governing power of attorney differ from state to state. Understanding your state's unique rules is critical to verify that your power of attorney arrangement is legally enforceable. 

Most states require power of attorney to be documented in writing, which must be notarized and signed by all individuals involved. Furthermore, certain states may demand the presence of one or more witnesses at the document's signing.

When executing any power of attorney, it is essential to utilize the proper papers to prevent misunderstandings or administrative complications. 

You may add legitimacy to the document in several places by using a notary or two witnesses. Remember that although notarization is not necessary for all jurisdictions, it is a standard practice to confirm the document's legal validity.

If the Principal is Incapacitated, How is a Disagreement Amongst Co-Agents Resolved?

If co-agents identified on a durable power of attorney disagree, the co-agents may seek a settlement via the judicial system. Typically, this would include requesting a ruling from the probate court. 

Before reaching a judgment, the court will consider any relevant estate planning documents and hear from both co-agents. 

To settle the issue, the court has the jurisdiction to modify a power of attorney, remove an agent's powers, or appoint a new agent.

What If My Attorney-In-Fact Dies or Becomes Incapacitated?

If the designated attorney dies or cannot perform their obligations, it is critical to understand the course of action described in the durable power of attorney paperwork. 

Many powers of attorney contain a provision for a successor attorney, such as a particular family member, to fill the job. 

If the attorney-in-fact dies or becomes incapacitated, the chosen successor must provide the durable power of attorney document with their name indicated as the new attorney in fact, as well as give documentation of the death, such as medical documents or a death certificate.

How Can I Make this Process Easier for My Children?

Power of Attorney document

Dividing tasks among family members is one approach to lessen some of the load. 

A parent, for example, may designate their financially savvy daughter as the main power of attorney while simultaneously naming their son, a medical practitioner, as the secondary power of attorney for healthcare-related matters. 

This enables specialized competence in certain areas, ensuring that all parts of the parent's care are effectively handled. 

It also provides for a division of work, ensuring that no one family member is overburdened by having to manage everything on their own.

How Can Trustworthy Help?

By offering secure storage options, Trustworthy can assist in keeping legal documents safe.

Trustworthy provides document management services, which enable the simple categorization and retrieval of crucial documents like durable power of attorney agreements.

Furthermore, Trustworthy provides secure sharing solutions that enable authorized parties to read documents remotely and securely, ensuring that critical information is always available when required.


Sign up for your free trial with Trustworthy today.

Try Trustworthy today.

Try the Family Operating System® for yourself. You (and your family) will love it.

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Try Trustworthy today.

Try the Family Operating System® for yourself. You (and your family) will love it.

No credit card required.

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handle negative aspects of the deceased's life in a eulogy
handle negative aspects of the deceased's life in a eulogy
handle negative aspects of the deceased's life in a eulogy

Nov 25, 2023

How Do You Handle Negative Aspects of the Deceased's Life in a Eulogy?

more then one eulogy at a funeral
more then one eulogy at a funeral
more then one eulogy at a funeral

Nov 25, 2023

Can There Be More Then One Eulogy at a Funeral? Etiquette Explained

parent retirement pension
parent retirement pension
parent retirement pension

Nov 24, 2023

My Dad Died, Can I Get His Retirement Pension?

death certificate copies
death certificate copies
death certificate copies

Nov 24, 2023

How Many Copies of a Death Certificate Should You Get?

can a eulogy be funny
can a eulogy be funny
can a eulogy be funny

Nov 24, 2023

Can a Eulogy Be Funny? Yes, Here Are 10 Respectful but Funny Examples

receive inheritance money without any issues
receive inheritance money without any issues
receive inheritance money without any issues

Nov 24, 2023

How Do You Receive Inheritance Money WITHOUT any issues?

tax refund of a deceased person
tax refund of a deceased person
tax refund of a deceased person

Nov 17, 2023

Who Gets The Tax Refund of A Deceased Person? An Accountant Answers

how to start a eulogy
how to start a eulogy
how to start a eulogy

Nov 17, 2023

How To Start a Eulogy: 15 Heartfelt Examples

son talking to elder parents seriously
son talking to elder parents seriously
son talking to elder parents seriously

Nov 14, 2023

How To Discuss End-of-Life Care With Parents (Simple Guide)

how to cancel a deceased person's subscriptions
how to cancel a deceased person's subscriptions
how to cancel a deceased person's subscriptions

Nov 14, 2023

How To Cancel a Deceased Person's Subscriptions the EASY Way

what should you not put in a eulogy
what should you not put in a eulogy
what should you not put in a eulogy

Nov 8, 2023

What Should You Not Put in a Eulogy (9 Things To Avoid)

how are estates distributed if there's no will
how are estates distributed if there's no will
how are estates distributed if there's no will

Nov 7, 2023

How Are Estates Distributed If There's No Will? A Lawyer Explains Intestate

microsoft word obituary template
microsoft word obituary template
microsoft word obituary template

Nov 6, 2023

Does Microsoft Word Have an Obituary Template?

how to post an obituary on facebook
how to post an obituary on facebook
how to post an obituary on facebook

Nov 6, 2023

How To Post an Obituary on Facebook: A Step-by-Step Guide

death certificate for estate & probate process
death certificate for estate & probate process
death certificate for estate & probate process

Nov 6, 2023

Why Do You Need A Death Certificate For Estate & Probate Process?

correct errors on a death certificate
correct errors on a death certificate
correct errors on a death certificate

Nov 2, 2023

How Do I Correct Errors on a Death Certificate? And, How Long Does It Take?

steps for writing a eulogy for mom
steps for writing a eulogy for mom
steps for writing a eulogy for mom

Nov 2, 2023

12 Steps For Writing a Eulogy For Mom

steps for writing a eulogy for dad
steps for writing a eulogy for dad
steps for writing a eulogy for dad

Nov 2, 2023

12 Steps for Writing a Eulogy for Dad

who does the obituary when someone dies
who does the obituary when someone dies
who does the obituary when someone dies

Nov 1, 2023

Who Does The Obituary When Someone Dies?

Nov 1, 2023

How Late Is Too Late For An Obituary? 6 Steps To Take Today

how-much-does-obituary-cost
how-much-does-obituary-cost
how-much-does-obituary-cost

Nov 1, 2023

How Much Does It Cost To Publish An Obituary? Breaking It Down

reasons you need an obituary
reasons you need an obituary
reasons you need an obituary

Nov 1, 2023

6 Reasons You Need an Obituary (Plus 6 Reasons You Don't)

where do you post an obituary
where do you post an obituary
where do you post an obituary

Oct 30, 2023

Where Do You Post an Obituary: A Step-By-Step Guide

obituary vs death note
obituary vs death note
obituary vs death note

Oct 30, 2023

Obituary vs Death Note: What Are the Key Differences?

buying a house with elderly parent
buying a house with elderly parent
buying a house with elderly parent

Oct 5, 2023

Buying A House With Elderly Parent: 10 Things To Know

trapped caring for elderly parents
trapped caring for elderly parents
trapped caring for elderly parents

Sep 14, 2023

I'm Trapped Caring for Elderly Parents

401k and minors
401k and minors
401k and minors

Oct 5, 2023

401(k) and Minors: Can a Minor be a Beneficiary?

How-to-Self-Direct-Your-401k
How-to-Self-Direct-Your-401k
How-to-Self-Direct-Your-401k

Sep 12, 2023

How to Self-Direct Your 401(k): Take Control of Your Retirement

grandparents
grandparents
grandparents

Aug 3, 2023

The Ultimate Guide to Decluttering and Simplifying Your Home as You Age

Aug 3, 2023

The Essential Guide to Preparing for Retirement

Estate Planning For Blended Families (Complete Guide)
Estate Planning For Blended Families (Complete Guide)
Estate Planning For Blended Families (Complete Guide)

Aug 3, 2023

Estate Planning For Blended Families (Complete Guide)

Estate Planning For Physicians (Complete Guide)
Estate Planning For Physicians (Complete Guide)
Estate Planning For Physicians (Complete Guide)

Aug 3, 2023

Estate Planning For Physicians (Complete Guide)

are you legally responsible for your elderly parents
are you legally responsible for your elderly parents
are you legally responsible for your elderly parents

Jul 14, 2023

Are You Legally Responsible For Your Elderly Parents?

Multi-generational family walking through a field
Multi-generational family walking through a field
Multi-generational family walking through a field

Jun 7, 2023

How To Travel With Elderly Parent: Here's How to Prepare

Retirement center
Retirement center
Retirement center

Jun 6, 2023

Checklist For Moving A Parent To Assisted Living

Elderly parents with son
Elderly parents with son
Elderly parents with son

Jun 6, 2023

How to Set Up A Trust For An Elderly Parent: 6 Easy Steps

Daughter helping her mom review paperwork
Daughter helping her mom review paperwork
Daughter helping her mom review paperwork

Jun 6, 2023

How To Stop Elderly Parents From Giving Money Away (9 Tips)

Elderly parents signing documents
Elderly parents signing documents
Elderly parents signing documents

Jun 6, 2023

Should Elderly Parents Sign Over Their House? Pros & Cons

A couple looking at their computer
A couple looking at their computer
A couple looking at their computer

May 17, 2023

Estate Planning: A Comprehensive Guide

Helping elderly parents - the complete guide
Helping elderly parents - the complete guide
Helping elderly parents - the complete guide

May 2, 2023

Helping Elderly Parents: The Complete Guide

Family seated on sofa having a discussion
Family seated on sofa having a discussion
Family seated on sofa having a discussion

May 1, 2023

Trustworthy guide: How to organize your digital information

Person signing a document
Person signing a document
Person signing a document

Apr 15, 2023

Can My Husband Make a Will Without My Knowledge?

Son on father's shoulders
Son on father's shoulders
Son on father's shoulders

Apr 15, 2023

What is a Last Will and Testament (also known as a Will)?

A couple looking at a document with a calculator
A couple looking at a document with a calculator
A couple looking at a document with a calculator

Apr 15, 2023

Can A Wife Sell Deceased Husband's Property (6 Rules)

Paper shredding
Paper shredding
Paper shredding

Apr 15, 2023

Should I Shred Documents Of A Deceased Person? (5 Tips)

Can I Change My Power of Attorney Without A Lawyer?
Can I Change My Power of Attorney Without A Lawyer?
Can I Change My Power of Attorney Without A Lawyer?

Apr 15, 2023

Can I Change My Power of Attorney Without A Lawyer?

Can You Have Two Power of Attorneys? (A Lawyer Answers)
Can You Have Two Power of Attorneys? (A Lawyer Answers)
Can You Have Two Power of Attorneys? (A Lawyer Answers)

Apr 15, 2023

Can You Have Two Power of Attorneys? (A Lawyer Answers)

Do Attorneys Keep Copies Of a Will? (4 Things To Know)
Do Attorneys Keep Copies Of a Will? (4 Things To Know)
Do Attorneys Keep Copies Of a Will? (4 Things To Know)

Apr 15, 2023

Do Attorneys Keep Copies Of a Will? (4 Things To Know)

Estate Planning for a Special Needs Child (Complete Guide)
Estate Planning for a Special Needs Child (Complete Guide)
Estate Planning for a Special Needs Child (Complete Guide)

Apr 15, 2023

Estate Planning for a Special Needs Child (Complete Guide)

Estate Planning For Childless Couples (Complete Guide)
Estate Planning For Childless Couples (Complete Guide)
Estate Planning For Childless Couples (Complete Guide)

Apr 15, 2023

Estate Planning For Childless Couples (Complete Guide)

Estate Planning For Elderly Parents
Estate Planning For Elderly Parents
Estate Planning For Elderly Parents

Apr 15, 2023

Estate Planning For Elderly Parents (Complete Guide)

Woman talking with an advisor in a house
Woman talking with an advisor in a house
Woman talking with an advisor in a house

Apr 15, 2023

Estate Planning For High Net Worth & Large Estates

Estate Planning For Irresponsible Children (Complete Guide)
Estate Planning For Irresponsible Children (Complete Guide)
Estate Planning For Irresponsible Children (Complete Guide)

Apr 15, 2023

Estate Planning For Irresponsible Children (Complete Guide)

How To Get Power of Attorney For Parent With Dementia?
How To Get Power of Attorney For Parent With Dementia?
How To Get Power of Attorney For Parent With Dementia?

Apr 15, 2023

How To Get Power of Attorney For Parent With Dementia?

I Lost My Power of Attorney Papers, Now What?
I Lost My Power of Attorney Papers, Now What?
I Lost My Power of Attorney Papers, Now What?

Apr 15, 2023

I Lost My Power of Attorney Papers, Now What?

White house
White house
White house

Apr 15, 2023

Is It Better To Sell or Rent An Inherited House? (Pros & Cons)

Is It Wrong To Move Away From Elderly Parents? My Advice
Is It Wrong To Move Away From Elderly Parents? My Advice
Is It Wrong To Move Away From Elderly Parents? My Advice

Apr 15, 2023

Is It Wrong To Move Away From Elderly Parents? My Advice

Moving An Elderly Parent Into Your Home: What To Know
Moving An Elderly Parent Into Your Home: What To Know
Moving An Elderly Parent Into Your Home: What To Know

Apr 15, 2023

Moving An Elderly Parent Into Your Home: What To Know

Moving An Elderly Parent to Another State: What To Know
Moving An Elderly Parent to Another State: What To Know
Moving An Elderly Parent to Another State: What To Know

Apr 15, 2023

Moving An Elderly Parent to Another State: What To Know

What If Witnesses To A Will Cannot Be Found? A Lawyer Answers
What If Witnesses To A Will Cannot Be Found? A Lawyer Answers
What If Witnesses To A Will Cannot Be Found? A Lawyer Answers

Apr 15, 2023

What If Witnesses To A Will Cannot Be Found? A Lawyer Answers

A couple reviewing documents and signing them
A couple reviewing documents and signing them
A couple reviewing documents and signing them

Apr 15, 2023

What To Bring To Estate Planning Meeting (Checklist)

A couple in a meeting with a professional
A couple in a meeting with a professional
A couple in a meeting with a professional

Apr 15, 2023

When Should You Get An Estate Plan? (According To A Lawyer)

Which Sibling Should Take Care of Elderly Parents?
Which Sibling Should Take Care of Elderly Parents?
Which Sibling Should Take Care of Elderly Parents?

Apr 15, 2023

Which Sibling Should Take Care of Elderly Parents?

Who Can Override A Power of Attorney? (A Lawyer Answers)
Who Can Override A Power of Attorney? (A Lawyer Answers)
Who Can Override A Power of Attorney? (A Lawyer Answers)

Apr 15, 2023

Who Can Override A Power of Attorney? (A Lawyer Answers)

Can Power of Attorney Sell Property Before Death?
Can Power of Attorney Sell Property Before Death?
Can Power of Attorney Sell Property Before Death?

Apr 15, 2023

Can Power of Attorney Sell Property Before Death?

Person at a coffee shop using their laptop with a credit card in hand
Person at a coffee shop using their laptop with a credit card in hand
Person at a coffee shop using their laptop with a credit card in hand

Apr 15, 2023

Can The Executor Of A Will Access Bank Accounts? (Yes, Here's How)

Elderly parents working with a professional
Elderly parents working with a professional
Elderly parents working with a professional

Apr 15, 2023

Complete List of Things To Do For Elderly Parents (Checklist)

Reviewing paperwork with lawyer
Reviewing paperwork with lawyer
Reviewing paperwork with lawyer

Apr 15, 2023

How To Get Power of Attorney For A Deceased Person?

Apr 15, 2023

How To Help Elderly Parents From A Distance? 7 Tips

Woman talking with her parents
Woman talking with her parents
Woman talking with her parents

Apr 15, 2023

Legal Documents For Elderly Parents: Checklist

House
House
House

Apr 15, 2023

Selling Elderly Parents Home: How To Do It + Mistakes To Avoid

Elderly woman who looks like she has a headache
Elderly woman who looks like she has a headache
Elderly woman who looks like she has a headache

Apr 15, 2023

What To Do When A Sibling Is Manipulating Elderly Parents

Two men reviewing paperwork
Two men reviewing paperwork
Two men reviewing paperwork

Apr 6, 2023

Can An Out of State Attorney Write My Will? (A Lawyer Answers)

People working at a computer, working on a stack of bills
People working at a computer, working on a stack of bills
People working at a computer, working on a stack of bills

Mar 15, 2023

Settling an Estate: A Step-by-Step Guide

Check on the table
Check on the table
Check on the table

Feb 10, 2023

My Deceased Husband Received A Check In The Mail (4 Steps To Take)

The Benefits of Working With an Experienced Estate Planning Attorney
The Benefits of Working With an Experienced Estate Planning Attorney
The Benefits of Working With an Experienced Estate Planning Attorney

Feb 7, 2023

The Benefits of Working With an Experienced Estate Planning Attorney

How To Track Elderly Parents' Phone (2 Options)
How To Track Elderly Parents' Phone (2 Options)
How To Track Elderly Parents' Phone (2 Options)

Feb 6, 2023

How To Track Elderly Parents' Phone (2 Options)

Someone filling out a social security benefits application form
Someone filling out a social security benefits application form
Someone filling out a social security benefits application form

Feb 1, 2023

Can You Collect Your Parents' Social Security When They Die?

Veteran Benefits book
Veteran Benefits book
Veteran Benefits book

Feb 1, 2023

How Do I Stop VA Benefits When Someone Dies (Simple Guide)

Person typing on a laptop with a credit card in hand
Person typing on a laptop with a credit card in hand
Person typing on a laptop with a credit card in hand

Feb 1, 2023

Can You Pay Money Into A Deceased Person's Bank Account?

Deleting A Facebook Account When Someone Dies (Step by Step)
Deleting A Facebook Account When Someone Dies (Step by Step)
Deleting A Facebook Account When Someone Dies (Step by Step)

Feb 1, 2023

Deleting A Facebook Account When Someone Dies (Step by Step)

Two people sitting across a desk speaking to each other with papers on desk.
Two people sitting across a desk speaking to each other with papers on desk.
Two people sitting across a desk speaking to each other with papers on desk.

Feb 1, 2023

Does The DMV Know When Someone Dies?

Gavel
Gavel
Gavel

Feb 1, 2023

How To Find A Deceased Person's Lawyer (5 Ways)

How To Plan A Celebration Of Life (10 Steps With Examples)
How To Plan A Celebration Of Life (10 Steps With Examples)
How To Plan A Celebration Of Life (10 Steps With Examples)

Feb 1, 2023

How To Plan A Celebration Of Life (10 Steps With Examples)

How To Stop Mail Of A Deceased Person? A Simple Guide
How To Stop Mail Of A Deceased Person? A Simple Guide
How To Stop Mail Of A Deceased Person? A Simple Guide

Feb 1, 2023

How To Stop Mail Of A Deceased Person? A Simple Guide

Social security card, 1040 form
Social security card, 1040 form
Social security card, 1040 form

Feb 1, 2023

How to Stop Social Security Direct Deposit After Death

Firearm
Firearm
Firearm

Feb 1, 2023

How To Transfer Firearms From A Deceased Person (3 Steps)

How To Write An Obituary (5 Steps With Examples)
How To Write An Obituary (5 Steps With Examples)
How To Write An Obituary (5 Steps With Examples)

Feb 1, 2023

How To Write An Obituary (5 Steps With Examples)

Unlock iPhone When Someone Dies (5 Things To Try)
Unlock iPhone When Someone Dies (5 Things To Try)
Unlock iPhone When Someone Dies (5 Things To Try)

Feb 1, 2023

Unlock iPhone When Someone Dies (5 Things To Try)

Close-up of a tire on silver car on a road
Close-up of a tire on silver car on a road
Close-up of a tire on silver car on a road

Feb 1, 2023

What Happens To A Leased Vehicle When Someone Dies?

Do Wills Expire? 6 Things To Know
Do Wills Expire? 6 Things To Know
Do Wills Expire? 6 Things To Know

Jan 31, 2023

Do Wills Expire? 6 Things To Know

Person typing on a laptop
Person typing on a laptop
Person typing on a laptop

Jan 31, 2023

How To Get Into a Deceased Person's Computer (Microsoft & Apple)

Fingerprint documentation
Fingerprint documentation
Fingerprint documentation

Jan 31, 2023

Why Do Funeral Homes Take Fingerprints of the Deceased?

Foreclosure in front of a home
Foreclosure in front of a home
Foreclosure in front of a home

Jan 31, 2023

What To Do If Your Deceased Parents' Home Is In Foreclosure

Questions To Ask An Estate Attorney After Death (Checklist)
Questions To Ask An Estate Attorney After Death (Checklist)
Questions To Ask An Estate Attorney After Death (Checklist)

Jan 31, 2023

Questions To Ask An Estate Attorney After Death (Checklist)

Woman looking stressed while holding a document at her computer
Woman looking stressed while holding a document at her computer
Woman looking stressed while holding a document at her computer

Jan 31, 2023

What Happens If a Deceased Individual Owes Taxes?

Elderly people talking with professional
Elderly people talking with professional
Elderly people talking with professional

Jan 31, 2023

Components of Estate Planning: 6 Things To Consider

What To Do If Insurance Check Is Made Out To A Deceased Person
What To Do If Insurance Check Is Made Out To A Deceased Person
What To Do If Insurance Check Is Made Out To A Deceased Person

Jan 22, 2023

What To Do If Insurance Check Is Made Out To A Deceased Person

Scattered photograph negatives
Scattered photograph negatives
Scattered photograph negatives

Jan 8, 2023

What Does a Typical Estate Plan Include?

Can I Do A Video Will? (Is It Legitimate & What To Consider)
Can I Do A Video Will? (Is It Legitimate & What To Consider)
Can I Do A Video Will? (Is It Legitimate & What To Consider)

Apr 15, 2022

Can I Do A Video Will? (Is It Legitimate & What To Consider)

Estate Planning For Green Card Holders (Complete Guide)
Estate Planning For Green Card Holders (Complete Guide)
Estate Planning For Green Card Holders (Complete Guide)

Apr 15, 2022

Estate Planning For Green Card Holders (Complete Guide)

Chair in a bedroom
Chair in a bedroom
Chair in a bedroom

Mar 2, 2022

What Does Your “Property” Mean?

Gavel
Gavel
Gavel

Mar 2, 2022

What is the Uniform Trust Code? What is the Uniform Probate Code?

Female statue balancing scales
Female statue balancing scales
Female statue balancing scales

Mar 2, 2022

Do You Need to Avoid Probate?

Person signing document
Person signing document
Person signing document

Mar 2, 2022

How is a Trust Created?

stethoscope
stethoscope
stethoscope

Mar 2, 2022

What Are Advance Directives?

Couple standing on the beach
Couple standing on the beach
Couple standing on the beach

Mar 2, 2022

What does a Trustee Do?

Large house exterior
Large house exterior
Large house exterior

Mar 2, 2022

What is an Estate Plan? (And why you need one)

Gavel
Gavel
Gavel

Mar 2, 2022

What is Probate?

United States Map
United States Map
United States Map

Mar 2, 2022

What Is Your Domicile & Why It Matters

Man organizing paperwork
Man organizing paperwork
Man organizing paperwork

Mar 2, 2022

What Is a Power of Attorney for Finances?

A baby and toddler lying on a bed
A baby and toddler lying on a bed
A baby and toddler lying on a bed

Mar 1, 2022

Should your family consider an umbrella insurance policy?

Woman typing on laptop on a table with tea, plant, notebooks
Woman typing on laptop on a table with tea, plant, notebooks
Woman typing on laptop on a table with tea, plant, notebooks

Mar 1, 2022

Do I need a digital power of attorney?

Person signing documents
Person signing documents
Person signing documents

Apr 6, 2020

What Exactly is a Trust?