St. Patrick's Day
SALE

St. Patrick's Day
SALE

20% OFF sitewide*

Promo Code:
LUCKY20

SHOP NOW

Can a power of attorney have more than one agent?

Need Professional Help? Talk to an Estate Planning Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.
Nolo

Question:

Can you have a shared power of attorney? My aunt named her son as agent and he misused funds. Then she appointed her nephew, and he let her credit rating slip because he did not pay bills in a timely fashion. Now she would like both her niece and nephew to have authority to handle financial matters for her; she thinks this will serve to keep both of them on their toes.

Answer:

When you make or change a durable power of attorney for finances, you are allowed to name more than one agent (or "attorney-in-fact," as this person is known in some states). If your aunt wants to name both her niece and nephew, she may do so, but she will have to decide how they should carry out their duties.

She can give them each independent authority, which means that either can take care of any financial task authorized by the power of attorney document without consulting the other. Or she can require them to reach agreement before taking any action under the document.

If her niece or nephew slips up and there's no one more trustworthy who can take the job, requiring them to act together in everything they do may well keep them on their toes. Giving them independent authority may simply create more chaos.

Of course, there are drawbacks to a shared power of attorney to consider, too. If there are conflicts between the agents, it could cause delays and disrupt the handling of your aunt's finances. This is always worth careful consideration when thinking about naming multiple agents.

In summary, more than one person can be an agent or attorney-in-fact under a power of attorney, but you'll want to think carefully before naming more than one agent. Here are some advantages and disadvantages to consider.

Pros to Naming More Than One Agent

  • If the agents are given authority to act independently, more than one person is available to handle financial tasks, which can be convenient (for example, if one agent is out of town)
  • If each agent has a different strength (for example, one sibling has investment experience while the other sibling has more free time), naming more than one agent can allow you to utilize these different strengths.

Cons to Naming More Than One Agent

  • If the agents are given authority to act independently, one agent might not be aware of what the other agent is doing, which can create confusion.
  • If the agents need to reach agreement to act, the hassles, burdens, and time associated with being an agent can increase.
  • The potential for conflict is much greater when you have two or more agents. This can lead to long delays or even expensive court battles.
  • Banks and other third parties may be more reluctant to work with multiple agents, due to worries about fraud.

Get Professional Help
Talk to an Estate Planning attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you