Can you have multiple people (jointly) be agents on a durable power of attorney. my mother wants all of her children jointly.

Asked almost 2 years ago - New Cumberland, PA

my mother wants all of her children jointly as agents on her durable power of attoney. Is this legal?

Attorney answers (4)

  1. Marshall D. Chriswell

    Contributor Level 11

    4

    Lawyers agree

    1

    Answered . Yes, your mother can name you all as agents, either jointly (you must make all decisions together) or severally (any one of you can make a particular decision).

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    This communication does not constitute legal advice and does not establish an attorney/client relationship. If you... more
  2. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . While I agree with my colleagues that this can be done, your mother should give very careful consideration to whether or not it *should* be done. I have seen numerous situations where doing this has created problems, down the road. In cases where one agent does not agree on a course of action, it can paralyze the others and prevent them from taking care of the principal. It also tends to result in situations where ALL of the named agents are required to participate in an action, before it can take place. This can make things administratively difficult. I normally suggest that one person be named and the others can be named as successive alternate agents.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  3. Lisa Kaye Deselms Dent

    Contributor Level 11

    4

    Lawyers agree

    Answered . I agree wholeheartedly with Mr. Frederick. One at a time. No matter how functional and close siblings are, nothing brings out the worst in them more than the parents' illness and finances. No one wants to set their children up for failure.

    This response is based on the limited facts presented and is not intended to substitute for direct legal advice,... more
  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes-she can name them jointly.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,257 answers this week

3,237 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,257 answers this week

3,237 attorneys answering