Birmingham, AL asked in Elder Law for Alabama

Q: How do you name two agents on a Durable Power of Attorney?

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Elder Law Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: The grantor of the power can appoint one or more agents to serve by naming them in the document. It is important to note whether the power is "joint" (meaning all agents must agree) or "joint and several" (meaning any agent can act without consent of the other). In practice I do not believe joint and several works, as most institutions will require both agents to consent to an action whether there is joint and several language or not. There are valid reasons to name more than one agent, but in most cases it is more efficient to name one.

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