Frequently Asked Questions





 


Q: I have two children.  Can they be co-agents on my durable power of attorney?

A:

Legally you can assign two people as co-agents on your power of attorney, but this generally is not a good idea.  If your children were to agree about every decision that had to be made, it could work but more often than not a situation arises where there is a difference of opinion.

In a case where co-agents disagree, legal action may be necessary – which defeats the whole purpose of having a power of attorney in the first place.  Not only will involving the courts cost money, but it could be quite time-consuming and generate ill-will between your children.

Options you can consider include making one child the agent of your financial power of attorney and the other child agent of your healthcare power of attorney.  Or, name one child as the primary and the other as successor, so the second child can step in if the first is unable or unwilling to do what is necessary.


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