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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am currently the Power of Attorney for a young woman (of

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I am currently the Power of Attorney for a young woman (of age). She has asked if she can give her Father also a separate Power of Attorney so that he can act for her if she were to become incapacitated. Is it possible for an individual to assign two people separately with Power of Attorney?
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

Is it possible for an individual to assign two people separately with Power of Attorney?

The answer is yes. This is governed by F.S. Chapter 709.

If the powers are different, then each controls what their POA allows them to control.

If the powers intersect on both POAs, then it is up to the agents to decide who controls the situation, if the principal (the signor) is incapacitated. If it cannot be decided, then the Court decides based on language and intent of the POAs. Then, the Court can decide that:

-both must act together; or
-invalidate one and allow the other to act (if so, normally the holder of the POA that was signed last).

Finally, check the second POA. Often, the language will state that all other POAs before this are void. If so, then the first POA is voided.

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