Is there a limit to how many people can have power of attorney over a relative?

Asked over 1 year ago - Raleigh, NC

I 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

Attorney answers (4)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

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    Answered . 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.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Joseph Franklin Pippen Jr.

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    Contributor Level 20

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    Answered . The more you have-the harder they are to use.
    In Florida we can use "OR" with multiple names.
    First person to make the decision prevails.
    The parent in your case should make the decision without
    pressure from the children.

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

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    Contributor Level 16

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    Answered . 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.

    Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus... more
  4. Erin Cecil-Levine

    Contributor Level 11

    2

    Lawyers agree

    Answered . 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.

    THIS IS NOT A CONFIDENTIAL FORUM. PLEASE DO NOT PROVIDE CONFIDENTIAL INFORMATION BECAUSE THERE IS NO ATTORNEY-... more

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