Understanding Multiple Attorneys in a Power of Attorney

Note this article provides legal information, not legal advice. Reading this article should not be construed as obtaining legal advice from Ross Estate Law. When creating a Power of Attorney (POA), it’s common for individuals to want to have more than one person manage their financial or property matters, especially if they foresee a situation where they may not be able to make decisions themselves. Fortunately, Section 14 of the Power of Attorney Act offers flexibility for donors when appointing multiple attorneys. Let’s dive into how multiple attorneys can be appointed, how they must act, and the rules that apply.

Can You Appoint Multiple Attorneys?

Absolutely! As the donor, you can choose to appoint multiple attorneys to manage your property and financial affairs on your behalf. However, you have the power to specify how those attorneys should act. Section 14 allows you to choose from three options for how multiple attorneys can function:

How Can Attorneys Act?

1. Jointly: All the attorneys must make decisions together. Every decision must be agreed upon by every appointed attorney. This ensures that no one person is making decisions without the consensus of others.

2. Severally: Attorneys can act independently. They don’t need to consult with one another or get approval from the other attorneys. Each attorney has the authority to make decisions on their own.

3. Successively: Attorneys act in a specific order. For example, one attorney may take over after another attorney is unavailable, unwilling, or unable to act. This order ensures continuity of decision-making without interruptions.

What Happens When Attorneys Act Jointly?

If you choose the joint action route (which is the default unless specified otherwise), there are specific rules that govern how decisions are made:

1. Majority Rule:

When attorneys are acting jointly, the decision of the majority is considered the decision of all attorneys. This helps to avoid gridlock and ensures decisions can be made promptly. If most of the attorneys agree on a course of action, that action moves forward, even if one or two attorneys don’t agree.

2. Attorney Absence or Inability to Act:

Sometimes, life happens—attorneys may become incapacitated, die, or simply be unavailable. If one or more of the appointed attorneys are unable to act for any reason (such as being unreachable or unwilling), the remaining attorney(s) can continue managing the donor’s affairs without delay. This ensures that the donor’s financial and property matters are still attended to, even in the event of an attorney’s absence.

Key Takeaways:

• Flexibility: The donor can choose whether to have attorneys act jointly, severally, or successively.

• Majority Decision: In joint action, a majority decision is enough to make it the official choice, allowing for smoother operations.

• Attorney Absence: If one attorney can’t continue in their role, the remaining attorneys can carry on without issue, ensuring the donor’s affairs are not stalled.

Final Thoughts

Choosing multiple attorneys can provide peace of mind, especially if you want a team of people managing your affairs rather than just one person. Whether you prefer a joint decision-making process, individual decision-making, or an ordered succession of attorneys, Section 14 provides the necessary rules to help make sure your wishes are followed, even when life throws curveballs at the appointed attorneys.

Make sure you understand these options when drafting your Power of Attorney so that you’re setting up a structure that works best for your situation!

Please note that the information provided in this blog post is for general informational purposes only and is not intended as legal advice. Reading this post does not create an attorney-client relationship, and the information shared here should not be relied upon as a substitute for professional legal counsel. If you require personalized legal advice regarding estate planning or any related matters, we encourage you to schedule a consultation with Ross Estate Law to discuss your unique circumstances.