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?

Related Topics:
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, Esq.
Ali Shahrestani, Esq.
Answered
  • San Francisco, CA
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.