Little Rock, AR asked in Family Law for Arkansas

Q: If a spouse names 3 people...on durable p.o.a. does the agent override the successor agent in Arkansas?

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2 Lawyer Answers

A: Override is not really the correct term.

The agent named in a POA is authorized to take whatever action on the principle’s behalf that the principle himself can take.

If the principle’s spouse has superior rights to the principle, the spouse’s rights will also be superior to the agent’s.

A: A successor agent only has rights if the agent is disqualified or declines the appointment.

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