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JaxLaw
JaxLaw, Lawyer
Category: Legal
Satisfied Customers: 1724
Experience:  Estate Planning (i.e. wills, trusts, power-of-attorney doc.s, living wills, etc.), Probate and more
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i am having a POA prepared on with my aunt being principal.

Resolved Question:

i am having a POA prepared on with my aunt being principal. And she wants 3 three co agents to represent her. now if one of the agents does not want to sign can the poa be efective with th e 2 co agents that have signed?
Submitted: 3 years ago.
Category: Legal
Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

A POA document does not have to be signed by the agents named in the document. Only the grantor and two witnesses (or one notary) must sign. The agent signs the Notice to Agent accepting the position. If that individual does not sign, he or she does not have the authority to act as agent.

 

The document should be valid unless it states that the agents can only act if all three agents agree. Usually, when co-agents are named the documents explains how they may act (whether independently or unanimously) and what happens if a named agent refuses to act.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Customer: replied 3 years ago.
it says that the agents must act jointly. and there is no provision that mentions anything about what happens if they fail to do so---
Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

Does is specify all three agents or does it state that "the agents" must act jointly?

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Customer: replied 3 years ago.

"my agents must act jointly"

Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

I believe that a court would determine that the language would only mean the active agents (i.e. the 2 who agreed to act as agents). However, financial institutions may not want to take the chance and may refuse to honor the POA in order to avoid possible liability. I have personally had several financial institutions refuse to honor perfectly legal POAs because they were unsure of the language. A court order would most likely be necessary to force them to honor it. It would be best to have the POA redone to word it more specifically.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Customer: replied 3 years ago.
i am in a tough situation. My aunt is losing her memory. she is 88 years old and shorterm memory is almost gone. She has not been evaluated yet but she is having tests done. and results are coming any day now. My sister and husband came down to help here with paper work and decided to go to an attorney while my aunt is in this condition and without telling any of the familly and prepared a new general poa where she is the sole agent. the original poa has my aunts brother on it an other responsilbe parties. So I am trying to get another poa with my dad, my sister, and me as co agents. the problem is that I cant let my sister know the we are superseding her poa. So I dont want to include her when my aunt signs the new poa. Any suggestions?
Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

Unfortunately, no, not if you wish for her to act as an agent.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Customer: replied 3 years ago.
can i put her as an alternate for write now and then and then have an agent resign and then sign her in as an agent later.
Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

That's a possibility. Remember to make sure that the POA is durable or it will cease to be valid if your aunt were to be declared incompetent.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Customer: replied 3 years ago.

it is durable. just to reiderate I will have three agents acting jointly and my sister as an alternate. it will be signed by all three agents. At that point will this be a valid poa? later if she wants to be an agent, one will resign and she will replace him. I need to know for cerain will Replacing an agent with an alternate still make the poa valid?

Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

Yes.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Customer: replied 3 years ago.
can we have 2 alternates? and if so does the alternates have be assigned according to the order on the poa.
Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

Yes and yes.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.




Customer: replied 3 years ago.
thank you for everyhing this has been aweful. I hope to never go throught this again. I personally feel that the poa that my sister got was invalid because of my aunts state of mind but I do not have the energy or monies to contest it.hey one last question. can they rip up their poa and then let the original one prevail. thanks again.
Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

You are welcome. Ripping up the POA would revoke it, but it would not reinstate the old one. If it were proven to be invalid, however, it would reinstate the old one.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.




Customer: replied 3 years ago.
just double checking when i said 2 alternatives I meant 2 "sucessor agents". same thing? and is this ok? ----Thanks again.
Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

Yes.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.




Customer: replied 3 years ago.
once again thank you again
Expert:  JaxLaw replied 3 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

You're welcome. If my answer was satisfactory, please hit "ACCEPT". Good luck.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 


 

JaxLaw, Lawyer
Category: Legal
Satisfied Customers: 1724
Experience: Estate Planning (i.e. wills, trusts, power-of-attorney doc.s, living wills, etc.), Probate and more
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