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Power of Attorney
What rights do my sister and I have as co-attorneys in fact?

What rights do my sister and I have as co-attorneys in fact?

Q: Can you have two power of attorneys at the same time?

Yes, you can have two power of attorneys at the same time, as long as the powers granted to each are clearly defined in the documents. It's essential to specify whether they must act jointly or if either can act independently. This clarity helps prevent conflicts between the agents.

Q: Can you have both a general and durable power of attorney?

Yes, you can have both a general and a durable power of attorney. However, the durable power of attorney will remain effective if you become incapacitated, while the general power of attorney will not. It's important to ensure that the documents do not conflict with each other and that their scopes are clearly defined.

Full question:

If my sister and myself are both appointed attorney in fact on a durable power of attorney for my mother, what are my rights?

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

Answer:

A power of attorney is a written document where one person (the principal) appoints another (the agent) to act on their behalf. The agent is known as an "attorney in fact." This document can be general or limited in scope.

A durable power of attorney remains effective even if the principal becomes incapacitated. It must include specific language indicating that it will continue despite any disability or incapacity, such as: "This power of attorney shall not be affected by subsequent disability or incapacity of the principal."

When two people are appointed as attorneys in fact, it’s crucial to understand if they must act together or if either can act independently. This should be clearly stated in the power of attorney document.

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

Who can override a durable power of attorney?

A durable power of attorney can typically be overridden by the principal, who can revoke it at any time as long as they are competent. Additionally, a court may override the power of attorney if it finds that the agent is acting against the principal's best interests or if there is evidence of abuse or fraud. It's important to check the specific terms in the power of attorney document for any limitations on authority.

Can a POA evict a family member?

A power of attorney (POA) may have the authority to evict a family member if the document grants the agent the power to manage real estate or make housing decisions. However, the agent must act in the best interests of the principal and follow local eviction laws. It's advisable to consult a legal professional to ensure compliance with state regulations.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions about the principal's personal care if the document does not grant that authority, cannot change the principal's will, and cannot make decisions that require the principal's direct consent, such as marriage or divorce. Always refer to the specific powers outlined in the power of attorney document.

Which is better, general or durable power of attorney?

A durable power of attorney is often considered better than a general power of attorney because it remains effective even if the principal becomes incapacitated. This ensures that the agent can continue to manage the principal's affairs during periods of disability. A general power of attorney ceases to be valid upon the principal's incapacity.