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Yes, in two instances. If there is an actual valid Power of Attorney (POA) document that states that the the POA is shared amongst more than one person, the POA is divided amongst whoever is named in the POA. Alternatively, if there is no POA document and, for example, a parent is incapacitated, the POA would automatically be divided amongst the incapacitated parent's heirs or children. This may vary from jurisdiction to jurisdiction. For instance, in your jurisdiciton, the oldest child may automatically get full POA or the POA may be divided equally amongst all living children. Without knowing where you are, it's impossible to tell. You should contact a lawyer in your jurisdiction. If there is no POA document and POA automatically is divided amongst the parent's children and there is a disagreement as to how to proceed, either with the parent's healthcare or with the parent's assets, again, a lawyer should be contacted to ascertain your rights in your jurisdiction.
What else can I help you with?
Can some else be the executer if some else has power of attorney?
A power of attorney represents a living person. The executor represents the estate after death. After their death, the power of attorney is no longer valid. They can be two different people.
Why would you have two power of attorney?
In case one isn't available You can have one power of attorney over your children to a close relative due to relationship reasons. The other power of attorney could be assigned to a person that is fluent with legalities on real estate proceedings and assets. Awarding power of attorney to certain people that are not familiar with your situation is not always the best idea.
If there is two names on a CD account at the bank and one dies can power of attorney take the money out?
If the power of attorney represents the deceased, no, they cannot. A power of attorney expires on the death of the grantor.
CAN YOU HAVE TWO PEOPLE AS HEALTH CARE POWER OF ATTORNEY?
A general Durable Power of Attorney provides the attorney-in-fact with broad powers. However, a person can execute a Power of Attorney that specifically limits the powers and duties of the attorney-in-fact. It can be tailored to exactly meet the needs of the principal and it should be drafted by an attorney. A separate health care proxy that names a different individual could be drafted at the same time by the same attorney who can make certain the desires of the principal have been properly expressed and addressed and the powers of the two agents do not overlap.
How do you obtain power of attorney in Texas?
To obtain power of attorney in Texas, you must complete a power of attorney form, sign it in front of a notary public, and have it witnessed by two adults. The form must then be filed with the county clerk's office.
Who is supposed to sign the power of attorney?
In most states a power of attorney is signed by the principal, acknowledged before a notary public or signed by at least two witnesses.
How do you determine a properly executed power of attorney?
It depends on state law, but here in Missouri it must be signed in front of two witnesses and notarized to be a validly executed power of attorney. The principal (the person creating the power of attorney) also must have the legal capacity to sign the document. Some states also require you to record the power of attorney with the recorder of deeds in the county where you live.Caveat: A Power of Attorney is a powerful document. It gives another person control over your assets. There are different types. A person should always consult an attorney when planning to execute a Power of Attorney. People who sell forms online are not experts on the legal consequences of executing those forms. They sell paper.
What are the different types of Power of Attorney?
There are two main types of powers of attorney, durable and nondurable, and two subclasses within those types (immediate and "springing").
If you have a will does it make a power of attorney void?
Along with a Will, you should also have a designated person with power of attorney and a health care directive in case of serious illness or injury.
How do sign power of attorney in California?
A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal's name by another adult in the principal's presence and at the principal's direction. (c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.
How can one sign over the power of attorney in the event of medical issues?
In order to sign over power of attorney, the grantor, or the person who creates the power of attorney, must be of sound mind. The document, in order to be legal and stand under any challenge, needs to be dated, signed by the grantor, signed by the agent who is accepting power of attorney, and either signed by a notary public, signed by two witnesses, or a combination of the two, depending on which state it is.
How can one obtain power of attorney in Texas?
To obtain power of attorney in Texas, you must complete a power of attorney form, sign it in front of a notary public, and have it witnessed by two adults. The form must then be filed with the county clerk's office. It is also recommended to consult with an attorney to ensure the document is legally binding and meets your specific needs.
