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Comments for "FAQs: Durable Power of Attorney: What It Is"

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9 Responses to “FAQs: Durable Power of Attorney: What It Is”
  1. MissSusan Says:

    Any ideas where I can find an elder law attorney in Brooklyn NY?

  2. Lori Says:

    Susan,

    I recently came across a comprehensive website that I think may be helpful to you. The link for the main site is http://www.lawyers.com. I have already completed a search for elder law attorneys in Brooklyn, NY, and you can view the list here:

    http://www.lawyers.com/Elder-Law/New-York/Brooklyn/law-firms.html

    You may find this a little overwhelming considering its length. If you look to the right on the page, you'll find a selection of articles that will help you in the process of choosing an attorney.

    Best of luck in your search,

    Lori

  3. expect boy is very good soldier Says:

    Your website is wonderfull. I'll come visit again.

  4. thomas sherman Says:

    when there is two people listed as durable power of attorney, i have been told that the first one on the list has the most say so . is this true or is it.....

  5. Carolyn Rosenblatt, RN, Attorney, Mediator Says:

    Thomas,
    It depends on the wording of the appointment. One cannot read into a document what one wants to see. In my practice, I never put two people in one position of authority, such as for decision-making for money or healthcare. The reason is obvious: how could two people with equal authority figure out who gets to decide in matters on which they disagree? The exception is when two siblings are in excellent harmony and want to do this, and the parent appointing them chooses it that way.

    Otherwise, I always suggest that the parent making the appointment of an agent or power of attorney appoint one sibling to serve, with the other or others as "successors" to the first one. If it's a done deed and two siblings are supposed to share authority, and they disagree, it can be very useful to use a third party to mediate the decision-making process.

  6. anonymous Says:

    It is not clear from the question what type of power of attorney we’re talking about—for property management or healthcare decisions. The latter is more commonly known as the “advanced healthcare directive” and sometimes even as the “living will”, so I assume the question pertains to the power of attorney for property management. The probate code section below pertains to both types, so the answer would not change.
    The assumed answer in the question is incorrect. California Probate Code 4202 is on point here:
    ยง 4202. Multiple attorneys in fact

    (a) A principal may designate more than one attorney-in-fact in one or more powers of attorney.

    (b) Authority granted to two or more attorneys in fact is exercisable only by their unanimous action.

    (c) If a vacancy occurs, the remaining attorneys in fact may exercise the authority conferred as if they are the only attorneys in fact.

    (d) If an attorney-in-fact is unavailable because of absence, illness, or other temporary incapacity, the other attorneys in fact may exercise the authority under the power of attorney as if they are the only attorneys in fact, where necessary to accomplish the purposes of the power of attorney or to avoid irreparable injury to the principal’s interests.

    (e) An attorney-in-fact is not liable for the actions of other attorneys in fact, unless the attorney-in-fact participates in, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by another attorney-in-fact.
    Obviously, the above is California law, and does not pertain to any other jurisdictions.
    Please note: A lot depends on how the document is drafted. If, for example, the document grants a power of attorney to one person, and lists one or more “back-up” attorneys in fact, then, obviously, the back-ups have no authority whatsoever until the first attorney in fact can no longer perform the duties of an attorney in fact (because of death, illness, disability etc.). If the document (or documents) grant(s) power to multiple attorneys in fact, then the above probate code section applies.

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