What if Someone Has Two Different Power of Attorney Documents?
A person’s legal situation can get complicated when they try to have too many legal actions taken that they do not track properly. For example, if you already have a power of attorney with someone but then decide to create a separate power of attorney (POA) with someone else, then that is a problem. The same goes for creating a new will when you already have a will in effect. What happens when one person has two different powers of attorney?
Two POAs on One Person
Can one person legally have two different POAs in effect giving two different people the power of attorney? The answer is yes. You can have two POAs in effect giving the power of attorney to two different people.
What Can You Do?
If you know that you have to POAs out there in effect, then the time to take care of the problem is while you are still legally able to change your POA. While you are considered able to make your own decisions, you can request that one of the POAs be revoked and the agent be stripped of their power of attorney. It is recommended that you hire an attorney to help you with this process. You need not return to the original attorney who drafted the Power of Attorney, The Mattar Firm Can Help.
Something to Consider
It may be hard to believe, but there are many people who purposely have POAs with many agents for the same legal areas. It is also important to remember that you can customize your POA to cover only certain aspects of your affairs. For example, you could have one POA that covers financial matters and another that covers contractual negotiations. If you have agents who are strong in those areas, then separate POAs might actually be a good idea.
Instead of revoking a POA, you may want to look into amending your POAs to work to your benefit. If one of your POA agents is brilliant with finances and the other is a contract law professional, then splitting up the POAs instead of revoking them could be a good plan. You might experience some problems getting your agents to agree to the changes, but it might be easier and more beneficial than revoking on POA completely.
The Mattar Firm has spent many years helping people navigate the complicated waters of the Power of Attorney. If you are experiencing issues with your POA and want to talk about your options, then just give one of our experienced Estate Planning attorneys a call and schedule an appointment.