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Can there be co-agents on a power of attorney such as sisters?

Can there be co-agents on a power of attorney such as sisters?

Q: Can co-agents act independently?

Co-agents can act independently if the power of attorney document specifies this arrangement. If the document does not provide clear instructions, co-agents may need to act together, which could complicate decision-making.

Q: Can I have two people on my power of attorney?

Yes, you can name two or more individuals as agents in your power of attorney. Be sure to clarify how they should operate—together or independently—in the document to avoid confusion.

Q: What is a co-agent in power of attorney?

A co-agent in a power of attorney is an individual who shares the authority to act on behalf of the principal alongside another agent. Co-agents can be appointed to ensure that decisions are made collaboratively or independently, depending on the document's terms.

Q: What is the difference between agent and co-agent?

An agent is a person authorized to act on behalf of another, while a co-agent is one of multiple agents sharing this authority. The key difference lies in the number of individuals involved in the decision-making process.

Full question:

Can there be co-agents on a power of attorney or can there only be one named?

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

Answer:

Yes, but 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.

An agency conferred on two or more persons, in the absence of a clear showing of a contrary intent, must be exercised only by the unanimous action of the designated agents. However, the presumption will give way to a clearly expressed intention that the agents will have the authority to act independently (i.e., both severally and jointly).

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

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

Yes, a joint power of attorney allows two or more individuals to act as agents. However, it's crucial to specify whether they must act together or can act independently. Without clear instructions, they may be required to make decisions unanimously.