Can Two Siblings Have Power of Attorney? Understanding Joint and Dual POA

Yes, two siblings can have power of attorney (POA) over a parent or another individual. This is typically structured in one of two ways: joint power of attorney, where both siblings must act together, or dual power of attorney, where each can act independently. The decision depends on the wording in the POA document and the laws of the state in which it is created.

Types of Power of Attorney and Multiple Agents

POA arrangements can be tailored to specific needs:

• Durable POA: Remains valid if the principal becomes incapacitated (common for long-term planning).
• Financial POA: Grants authority over assets, taxes, or property.
• Healthcare POA: Allows medical decision-making.

Co-Agents Explained

A principal can name multiple agents, such as two siblings, to act:

• Jointly: Both must agree on every decision.
• Severally: Each can act independently.
• Hybrid: Certain decisions require collaboration, while others don’t.

For example, parents might appoint siblings as co-agents on a financial POA, requiring joint signatures for major transactions (e.g., selling a home) but allowing individual management of routine bills.

Pros and Cons of Granting POA to Two Siblings

Pros	Cons
Shared Responsibility: Avoids burdening one sibling with all decisions.	Potential Disputes: Conflicts may arise over major financial or medical decisions.
Checks and Balances: Reduces the risk of misuse or financial abuse.	Delays in Decision-Making: Joint POAs require both to agree, which can slow down urgent matters.
Flexibility (for Dual POA): Either sibling can act independently when needed.	Legal Complexity: Some banks or institutions may require both signatures, even if not legally necessary.

Legal Considerations When Granting POA to Two Siblings

State Laws

Most U.S. states permit co-agents, but rules vary. Some require explicit language in the POA document (e.g., “agents may act independently”). Consulting an attorney ensures compliance.

Clarity in Documentation

The POA must specify:

• Whether agents act together or separately.
• How disputes are resolved (e.g., mediation, third-party arbitration).
• The scope of each agent’s authority (e.g., one handles healthcare, the other finances).

In cases where a parent is already incapacitated and unable to sign a POA, you may need to petition for guardianship instead. Learn more about the process in How to Get Power of Attorney for Someone Who Is Incapacitated in California?.

Benefits of Appointing Siblings as Co-Agents

• Shared Burden: Distributing responsibilities reduces pressure on one person.
• Checks and Balances: Joint decisions can prevent unilateral mistakes or misuse of authority.
• Leveraging Strengths: One sibling might excel at financial planning, while another understands healthcare needs.

Related article for you:
Do You Need a Lawyer to Get a Power of Attorney in the US?

Can One Sibling Override the Other?

• In a joint POA: No. Both must agree on all actions, so one cannot override the other.
  
• In a dual POA: Yes, but only if acting separately. If disagreements arise, a court may need to intervene.
  
• If the principal is still competent, they can revoke or modify the POA at any time.

Potential Challenges

• Disagreements: Siblings may clash over care options or financial choices, causing delays.
• Logistical Issues: Requiring both signatures can complicate urgent decisions (e.g., emergency medical care).
• Revocation or Incapacity: If one sibling resigns, dies, or becomes incapacitated, the POA should outline whether the remaining agent continues solo or if a successor agent steps in.

Mitigation Strategies:

• Designate a third party as a tiebreaker.
• Specify areas of individual authority (e.g., one manages investments, the other handles daily expenses).
• Include alternate agents if co-agents cannot serve.

How to Set Up a Multi-Agent POA

1. Consult an Attorney: Ensure the document aligns with state laws and covers all scenarios.
2. Define Roles Clearly: Use precise language to avoid ambiguity.
3. Communicate Early: Discuss expectations with both siblings to prevent future conflicts.
4. Update Regularly: Revise the POA as circumstances change (e.g., sibling moving abroad).

Real-Life Example

A parent names their two children as co-agents on a durable financial POA. The document stipulates that both must agree on selling property, but either can manage bank accounts. When one sibling travels frequently, the other handles routine expenses, ensuring seamless care.

Key Takeaway: Is a Joint POA Right for Your Family?

Two siblings can absolutely share power of attorney, but success hinges on clear legal documentation and foresight. While co-agency offers collaboration, it also demands trust and communication. Always work with an attorney to draft a POA that addresses potential conflicts and adheres to state laws. By doing so, families can ensure their loved one’s wishes are honored with minimal friction.

Disclaimer:

This article provides general information and not legal advice. Consult a qualified attorney for guidance tailored to your situation.