Elk Grove, CA asked in Elder Law for California

Q: Can more than one person be power of attorney for an aging family member in a nursing home with dementia?

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2 Lawyer Answers
Sally Bergman
Sally Bergman
Answered
  • Elder Law Lawyer
  • San Mateo, CA
  • Licensed in California

A: Yes, but to be clear, both people must be identified in one power of attorney document. If you are instead saying that there was one power of attorney naming one person as agent, and then a second one was signed designating a second person as agent, in most situations, that second power of attorney invalidated the first one.

Most estate planning and elder law attorneys do not generally recommend that their clients designate more than one person at a time to act on their behalf as all too often co-agents can't agree on a course of action, so nothing gets done.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Yes, but that can complicate matters. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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