Can there be 2 power of attorneys in one case?

Asked almost 3 years ago - Tucson, AZ

My father in law is dying and the sister and brother (siblngs) are both wanting to be power of attorney. Is this possible in the state of AZ?

Attorney answers (3)

  1. Joan A McGue

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Your father in law has to have capacity to select an agent for his power of attorney. Agents cannot appoint themselves. Capacity means he has the mental capacity to know what he is doing when he is signing the power of attorney and under no undue influence. Taking advantage of someone who is incapacitated by making them sign a power of attorney is a crime in Arizona.

    Two people can be co-agents if the person willingly appoints them as agents. I don't generally advise people to do this because both agents have to sign documents and act together. If they don't get along, then then it makes handling the principal's(person who is the subject of the POA) affairs difficult.

    The power of attorney is ineffective upon death of the principal.

    I am licensed in Arizona. This answer is for general information only and you might want to consult an attorney.... more
  2. Christine Goodson Forakis

    Contributor Level 2

    Answered . It is not only possible, it can be a very beneficial to appoint more than one agent because if one of them is unavailable (i.e. travelling or sick) the other can act. I often suggest to clients to appoint more than one agent because of the flexibility it gives. A Power of Attorney is a very important document, however, and the people your father in law chooses must be people he trusts 100% because when he is incapacitated or dying the people he chooses has access to all of his bank accounts and can sell any of his properties. Once your father-in-law passes away, the siblings will not be able to use the Power of Attorney, so I would suggest your father in law get a Trust also to avoid probate. Be sure all assets are safe and sound in the Trust prior to his death, because this will save the family lots of money and time.

  3. Steven J. Fromm

    Contributor Level 20

    Answered . It is possible in most states. You need to have father in law consult with an estates or elder law attorney to have one drafted and executed properly under AZ law.

    Hope this helps.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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