If I appoint John Smith and Jane Smith as attorney-in-facts (but not co-AIF or successor), is this permissible? I want to have two separate documents that have nothing to do with each other that appoint John Smith as AIF and then separately, appoint Jane Smith as AIF.
I believe this is permissible, but I am not sure. I cannot find anything in ORS 127 to support this.
Yes, you can absolutely sign two Power of Attorney to two different people and they are both effective as long as you had capacity when you signed them.
DISCLAIMER: The information contained in this answer is based on Oregon law and is subject to change. It should be used for general purposes only and should not be construed as specific legal advice by Fitzwater Meyer Hollis & Marmion, LLP, or its attorneys. Neither this answer nor use of its information creates an attorney-client relationship. If you have specific legal questions, consult with your own attorney or call us for an appointment.
In most areas you can do this so long as the powers of attorney do not 'revoke' all other powers of attorney (which is indeed the best practice) but WHY would you want to do this? It is almost designed to make things more confused and difficult.
Just because you CAN do something doesn't mean you SHOULD!
You would be far better off discussing this with a local estate planning lawyer and explaining what you want to do , and then taking the advice of HOW to do it rather than fixating on a specific form of document!
And that is generally true no matter what! Don't focus on 'the document you need' but instead focus on what you want to accomplish. A skilled attorney can get you the documents if and only if you are clear about what you are trying to do!
Seek local legal help.
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
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