My question is from paragraph from a contract of power of attorney.The Agent has pass away.Successor agent.If any agent named by me shall die ,become incompeted,resign or refuse to accept the office of Agent.I name the following (each to act alone and successively,in the order named)as successors to such agent.deb----lisa----mike.My question is all of them are power of attorney or the first one listed
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Just the first one listed will act as the successor agent ("each to act alone and successively"). So, first Deb would serve as the successor, and then if she cannot act, or will not act, then Lisa, and then Mike.
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Someone took this to a laywer and said that all are power of attorney. Because all 3 are on that page.I read it the way you do....
I disagree with that other lawyer. The language is very clear -Each to act alone. Clearly, the intent of the person was to have multiple successors named so that if someone was unable or unwilling to serve, they would never not have an agent. It makes not sense to appoint co-powers of attorney, either --because then all of them would have to agree on everything to get anything done, all 3 would have to sign checks, etc.
Thank you.Now the battles begin.Have nice day
You're welcome. And it shouldn't be a battle. There is NO language in that to indicate that there should be co-powers of attorney or co-successor powers of attorney. But good luck!