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?
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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 9 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.
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