If my 30 year old son has a life threatening disease so my wife and I need to get his POA, can each of us get one or is only one person allowed to have the POA?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my 30 year old son has a life threatening disease so my wife and I need to get his POA, can each of us get one or is only one person allowed to have the POA?

I would prefer if we each could have our own so we could use it without my wife having to be present or visa versa.

Asked on January 10, 2015 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is something known as a "concurrent power of attorney" which allows the agents under a POA to function independently of each other. Under this type of POA, each agent has authority to exercise all powers granted under the POA document. This independence allows the agents to act more efficiently but it can get confusing if they do not communicate with one another (i.e. they both write a check for the same expense, etc.).

Note: There is also something known as a"joint power of attorney" but both agents must agree as to what actions to take before anything can be done, so this probably isn't what you are looking for.

At this point, you may want to consult with an attoreny in your area to discuss this and related matters as to your son's situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption