US Legal Forms
Legal Resources
Questions & Answers
Power of Attorney
Can a Power of Attorney Require Two Signatures to Approve an Action?

Can a Power of Attorney Require Two Signatures to Approve an Action?

Q: What happens if someone has dementia and no power of attorney?

If someone with dementia does not have a power of attorney in place, they may lose the ability to make their own decisions. In such cases, family members may need to seek guardianship through the court to make decisions on behalf of the individual. This process can be lengthy and may not align with the individual's wishes.

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

A legal power of attorney cannot make decisions regarding a person's will, vote on behalf of the principal in elections, or make medical decisions if the principal has not granted that specific authority. It's important to specify the powers granted in the power of attorney document to avoid confusion.

Q: Can more than one person act as power of attorney?

Yes, in Kentucky, more than one person can act as a power of attorney. This is often referred to as co-agents. The document should clearly outline whether they must act together or if they can act independently. This clarity helps prevent confusion and ensures that decisions are made in accordance with the principal's wishes.

Q: What is a dual power attorney?

A dual power attorney is similar to a dual POA, where two individuals are designated to act as agents for the principal. This type of arrangement can enhance oversight and ensure that decisions are made collaboratively. The power of attorney document should specify how the agents are to operate together.

Full question:

Can a Power of Attorney in KY be set up to require two or two of three signatures to approve an action?

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

Answer:

Yes, a power of attorney may name more than one agent and specify that they must act jointly. 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. Typically, a power of attorney may only be revoked or modified by the principal. However, if an agent acts outside her authority or breaches her fiduciary duty, it is possible to petition the court for relief.

Typically, when co-agents are appointed in the same document, the authority granted applies to both agents. To minimize confusion or disagreement among co-agents appointed in a single document, it may be preferable to execute a two separate limited power of attorneys applying separately to each matter and assigning limited powers as described in the power of attorney to only one agent.

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

Do both parties need to be present for power of attorney?

In Kentucky, both parties do not need to be present for the execution of a power of attorney. The principal (the person granting authority) can sign the document in the presence of a notary public or witnesses, depending on the specific requirements of the document. However, if multiple agents are appointed, it is advisable for them to communicate and agree on their actions to avoid conflicts.

What happens if someone has dementia and no power of attorney?

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

Can more than one person act as power of attorney?

What is a dual POA?

A dual power of attorney (POA) refers to a situation where two agents are appointed to act on behalf of the principal. This arrangement can require both agents to agree on decisions or allow them to act independently, depending on how the document is drafted. It's essential to specify these terms clearly to avoid potential conflicts.