POA - I have a English grammar question on my POA

[serincho]

What is the name of your state (only U.S. law)? I'm in WA state.

My mother pointed 2 people(me and my dad) as attorney-in-fact in her POA.
Recently she entered a nursing home, and I had my lawyer review this POA,
but my lawyer said he's not sure if two agents(me and my dad) can act independently or not.
For example, when I take care of my mom's bill, should both my dad and I sign?
or can either of us have 100% authority without consulting the other, when writing checks or taking care of bills?

My dad can't drive, so I have to basically take care of every errand. it will be a pain to take my dad everywhere to get him signed on every single paper for my mother.
Plus I live 2 hours away from my dad's house. if I can't act independently, I would have to drive 2 hours just to get my dad's sign.


Following is the part where my Lawyer was confused:
My lawyer is NOT a native english speaker, so I'd like to ask you if the grammar in following section make any sense. Thank you so much!!!
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Power of Attorney:

Know everyone by these presents, which are intended to constitute a General Power of Attorney, THAT I, Mary Jones, having an address at xxx, hereby make, constitute and appoint Sara Jones, having an address at xxx, and William Jones, having an address at xxx, or either of them, as my attorney-in-fact TO ACT in my name, place and stead in any way which I could do, if I were personally present, to the extent that I am permitted by law to act through an agent:

 

[Zigner]

What is the name of your state (only U.S. law)? I'm in WA state.

My mother pointed 2 people(me and my dad) as attorney-in-fact in her POA.
Recently she entered a nursing home, and I had my lawyer review this POA,
but my lawyer said he's not sure if two agents(me and my dad) can act independently or not.
For example, when I take care of my mom's bill, should both my dad and I sign?
or can either of us have 100% authority without consulting the other, when writing checks or taking care of bills?

My dad can't drive, so I have to basically take care of every errand. it will be a pain to take my dad everywhere to get him signed on every single paper for my mother.
Plus I live 2 hours away from my dad's house. if I can't act independently, I would have to drive 2 hours just to get my dad's sign.


Following is the part where my Lawyer was confused:
My lawyer is NOT a native english speaker, so I'd like to ask you if the grammar in following section make any sense. Thank you so much!!!
--------------------------------------------------------

Power of Attorney:

Know everyone by these presents, which are intended to constitute a General Power of Attorney, THAT I, Mary Jones, having an address at xxx, hereby make, constitute and appoint Sara Jones, having an address at xxx, and William Jones, having an address at xxx, or either of them, as my attorney-in-fact TO ACT in my name, place and stead in any way which I could do, if I were personally present, to the extent that I am permitted by law to act through an agent:

I would suggest that you run this by a different attorney. With that said, it seems pretty clear that the words "or either of them" mean that either of you can act independently.

 

[Dandy Don]

Either of you can act independently. It would be better for you to return the agreement and ask her to appoint only one person as primary attorney-in-fact and the other person as secondary attorney-in-fact in the rare event that something might happen to the primary (sickness, death) that would make the primary unable to perform the duties.

 

[LdiJ]

Either of you can act independently. It would be better for you to return the agreement and ask her to appoint only one person as primary attorney-in-fact and the other person as secondary attorney-in-fact in the rare event that something might happen to the primary (sickness, death) that would make the primary unable to perform the duties.

I really do not think that is necessary. As Zig says, its very clear with the "or either or them" that they can act independently. There is also the issue of family politics involved as well. I suspect that the smarter thing would be for the daughter to be the primary POA since dad cannot drive, but I suspect it would hurt dad's feelings to be placed in a secondary role where his wife is concerned.