• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

joint power of attorney - what if one gets incapcitated?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

voltaire

Junior Member
I have a question regarding joint power of attorney.

Person gives power of attorney to two people, let say A & B (acting jointly).
However, "A" becomes incapacitated and cannot perform the power of attorney duties.
Does "B" become the sole power of attorney by default?

What if "A" itself has power of attorney, let say "C". Does "B" now jointly power of attorney with "C"?
 


anteater

Senior Member
Please do not ignore the "What is your state?" question. Responses often depend upon the applicable state.

A well-written POA document should contain provisions specifying what happens if one or more of the agents/attorneys-in-fact chooses not to or can't continue to exercise the power granted. Did this one?

What if "A" itself has power of attorney, let say "C". Does "B" now jointly power of attorney with "C"?
I know of no state that would permit such "pyramiding."
 

FlyingRon

Senior Member
In the absence of any clause as anteater recommends, the power of attorney is not usable unless both joint parties are acting. It matters not why one is not able to act.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top