Legal Question in Wills and Trusts in California
Can you have a joint power of attorney? My sister is POA but lives in KS. I am second, behind her but live in CA taking care of day to day issues with our parents (91 and 89). We work great together and want to have joint POA. So we can both legally take action, if need be.
Thank you,
Joannie
2 Answers from Attorneys
Legally you can but it may not be very practical. You could set it up that if a decision has to be made very quickly you have the power to make it but then must consult with her ASAP.
Yes this is possible, but does involve the possibility of a deadlock. Specific language in the durable power of attorney can make this less likely to be a problem.
If your parents are able to understand and execute documents, they should consult with a qualified attorney as soon as possible to review their overall estate plan documents for any other updates or changes needed. If they want to avoid probate, a revocable trust is necessary. Otherwise, they should have a will, durable power of attorney and an advance health care directive, at a minimum.
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