Legal Question in Elder Law in Delaware

Power of Attorney

Can I place two names as agents on my durable power of attorney? I have two daughters and would like to make them both agents.


Asked on 5/15/05, 3:51 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Power of Attorney

Yes. You can have "co-agents" on your POA, Health Care Proxy, etc.. They can be named to make decisions jointly, separately; or can have suceeding power or authority.

BUT, FIRST: Talk to both, separately and together about your desires concerning this matter. ASK each one separately and together what they think would be workable for them. Carefully listen to what they say. What you might want viz your daughters, is not necessarily what you will get.

Please Note that one or both, may not believe that they would be able to effectively work together, on your behalf. Eventhough, both of your daughters may be sensible, responsible people, who love you deeply, if their relationship with each other is problematic, your naming them "CO-" (rather than "Successor" in the event the other fails who waives, etc.), is also likely to be problematic.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 5/16/05, 8:03 am


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