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Power of Attorney
Should I file my Durable Power of Attorney for my parents?

Should I file my Durable Power of Attorney for my parents?

Q: Does a durable power of attorney need to be activated?

A durable power of attorney typically becomes effective immediately upon signing, unless stated otherwise in the document. However, some people choose to have it activated only when the principal becomes incapacitated. This is known as a springing power of attorney. Always clarify the activation terms in the document.

Q: Is there such a thing as a joint power of attorney?

Yes, a joint power of attorney allows two or more individuals to act together as agents. They must collaborate on all decisions made under the authority granted by the power of attorney. This can help ensure that decisions are made with consensus, but it may also slow down the process if the agents cannot agree.

Q: Can two persons be given power of attorney?

Yes, two persons can be given power of attorney, either as joint agents who must act together or as co-agents with the ability to act independently. The specific arrangement should be detailed in the power of attorney document to avoid confusion and ensure clarity in decision-making.

Full question:

I have been assigned Durable Power of Attorney for both of my living parents. Should I file it with any particular entity to record it and validate it?

Category: Power of Attorney
Date: 04/07/2025
State: National

Answer:

To create a valid power of attorney, the principal (the person granting authority) must complete and sign the document, usually in the presence of a notary public. Generally, power of attorney documents do not need to be recorded. However, if the document allows the agent to sell or manage real estate, it should be recorded at the registry of deeds in the county where the property is located.

In Washington, for example, RCW 11.94.040 outlines the liability for those relying on a power of attorney. It states that individuals acting in good faith and without negligence, based on a power of attorney, are not liable for their actions. If the attorney-in-fact presents the document to a third party, along with a signed affidavit confirming their authority and the principal's status, the third party can rely on it without concern.

Unless the power of attorney specifies that it must be filed to be effective, individuals can reasonably rely on it regardless of whether it is filed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can two people be assigned power of attorney?

Yes, two people can be assigned power of attorney, but it is usually done as joint agents. This means both must act together on decisions. Alternatively, you can name one person as the primary agent and another as an alternate, who steps in if the first is unable to act. It's important to specify the arrangement in the power of attorney document.

Does a durable power of attorney need to be activated?

Can you have both a living will and a durable power of attorney?

Yes, you can have both a living will and a durable power of attorney. A living will outlines your wishes regarding medical treatment if you become unable to communicate, while a durable power of attorney allows someone to make financial or healthcare decisions on your behalf. They serve different purposes and can complement each other.

How does dual power of attorney work?

Dual power of attorney typically means that two agents are appointed to act together. Both agents must agree on decisions, which can provide checks and balances. However, it can also complicate decision-making if the agents disagree. It's essential to clearly outline their responsibilities and decision-making processes in the document.