Home > Research Legal Advice > Power Of Attorney > Is there a limit to how many people can have power of attorney over a re...
Asked 6 months ago - Raleigh, NC
FlagI am one of three and both my siblings have health and financial power of attorney for our mother. I want to be added, is there a limit? Thanks
I am not a NC attorney but I would surmise that the rules are the same on this issue in most states. You may have 3 co-agents under a POA. Personally I think it is somewhat unwieldy but I do not think there is any prohibition against it. Of course, the principal (your mother) has the final say as it is her choice.
It is unclear to me whether your siblings are "joint agents" under the power of attorney, or if you are saying that each has a separate power of attorney for your relative. The latter can be very confusing.
Presumably, there is a reason you have not been given this responsibility, either because your mother had greater confidence in the other two, or because the live closer, or because she didn't think you would have time or energy to take the responsibility. You need to speak with her or her lawyer to find out, because only your mother can add you as an agent to her POAs.
You want to be added, but as all of my colleagues have said, unfortunately it isn't your choice. The POA is your mother's and with that, the role of "agent" or "person(s) who hold(s) the Power" is given by your mom. It is actually a VERY common misconception that you can just do a POA for someone who is in need of care when in fact, only the person that you want to help can sign the POA giving you the right to help him or her. When the person is incapacitated already, and doesn't know what the POA is, you would have to go the Guardian/Conservator route.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary