Skip to main content

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

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

+ Read More

Attorney answers 4

Posted

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 informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Howard M Lewis

Howard M Lewis

Posted

great counsel

Diane J. Loftus

Diane J. Loftus

Posted

"Unwieldly" is a good work. Most of the time the siblings want to be included because they dont trust each other. The family should consult on the issues. Also Wisconsin has a statute requiring financial agents to report to their siblings or alternative agents twice a year on the expenditures. I can imagine the mess if 2 or more sibs were handling mom's banck accounts. Not what mom wants. Also, hospitals prefer to have only one person give recommendations or make decisions. The don't want to deal with squabling sibs.

Posted

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 action is to have legal representation in this matter.

Posted

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 and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.

Posted

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-CLIENT PRIVILEGE PROTECTION. My statement is only a matter of my opinion and does not go to the merits of your case. Seek advice from an attorney in your local area if you have confidential or case specific questions or concerns. No Attorney-Client relationship is established between myself and any other party by communication through Avvo.com until both parties have signed a Retainer Agreement and any necessary fees have been paid to my firm. I am licensed to practice law in the State of Oregon and the Federal District Court for the State of Oregon. If you are in Oregon I am happy to help you if I am able or otherwise will find you someone who can.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer