ASK HARRY: How Should You Name Joint Agents on a Durable Power of Attorney?
Harry Margolis, Esq. has been representing seniors, individuals with special needs and their families since 1987. Harry Margolis, Esq. has been representing seniors, individuals with special needs and their families since 1987.
Question: When my mom went to see the attorney to prepare legal docs, the attorney asked, "who do you want as POA?" and mom answered, "my son and daughter."; So, the attorney prepared the POA for son AND daughter to be POA jointly, and EVERYTHING required both our signatures. It made things very difficult for us because by the time we needed to use the POA, my brother lived in North Carolina and my mom and I were in Ft. Lauderdale. We were blessed -- we got along and there were never any disagreements with any of our siblings about our mom’s care. It was the inconvenience of geography. How could we have avoided this situation?
Response: It often makes sense to appoint two agents (also called “attorneys in fact”) on a durable power of attorney so that they can share both the responsibility for decisions and the often time-consuming tasks involved stepping in for someone else. These can often require going physically to banks and other financial institutions to set up or change accounts.
