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Power of Attorney
What are my rights if I share attorney in fact on a durable power of attorney for my mother?

What are my rights if I share attorney in fact on a durable power of attorney for my mother?

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 an instrument in writing by which one person, as
principal, appoints another as his or her agent and confers upon the agent
the authority to perform certain specified acts or kinds of acts on behalf of
the principal. The written authorization itself is the power of attorney.

A power of attorney is used to evidence an agent's authority to a third
person, and the person holding a power of attorney is known and
designated as an "attorney in fact," thus distinguishing such person from an
attorney at law.

A power of attorney may be general or limited. An attorney in fact is
essentially an alter ego of the principal and is authorized to act with respect
to any and all matters on behalf of the principal with the exception of those
acts which, by their nature, by public policy, or by contract require personal
performance (e.g., voting or testifying in court).

A durable power of attorney is a power of attorney by which a principal
designates another his attorney in fact in writing and the writing contains the
words "This power of attorney shall not be affected by subsequent disability
or incapacity of the principal or the lapse of time," or "This power of
attorney shall become effective upon the disability or incapacity of the
principal," or similar words showing the principal's intent that the authority
conferred shall be exercisable notwithstanding the principal's subsequent
disability or incapacity.

Generally, a power of attorney must be strictly construed. The instrument
will be held to grant only those powers which are specified.

When two people are appointed by the principal to act as attorney in fact, it
is important to determine if both have to act together or if either can
operate independently of the other. This should be set forth in the
instrument itself.

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.