Written by Benjamin Kingsley
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When two powers of attorney disagree, it can create a complex legal situation that requires careful navigation. This scenario typically arises when an individual (the principal) has appointed multiple agents through separate power of attorney documents, or when co-agents are named in a single document. The resolution of such conflicts depends on several factors, including the specific language in the power of attorney documents, state laws, and the nature of the disagreement.
In many cases, the power of attorney document itself may provide guidance on how to resolve conflicts between agents. Some documents explicitly state that one agent’s decision takes precedence over another’s, or that unanimous agreement is required for certain actions. If the document is silent on this issue, state laws governing powers of attorney may come into play.
When two powers of attorney are in conflict, the following steps may be taken to resolve the situation:
1. Review the documents: Carefully examine the language in both power of attorney documents to determine if one takes precedence over the other or if there are specific instructions for resolving conflicts.
2. Consult state laws: Each state has its own laws regarding powers of attorney, which may provide guidance on how to handle disagreements between agents.
3. Mediation: In some cases, the agents may be able to resolve their differences through mediation or negotiation, possibly with the help of an attorney or neutral third party.
4. Court intervention: If the conflict cannot be resolved through other means, it may be necessary to seek a court’s intervention. The court can review the situation, interpret the documents, and make a ruling on how to proceed.
It’s important to note that in cases where the principal is still mentally competent, they retain the right to revoke or modify the power of attorney documents to clarify their intentions or resolve conflicts. However, if the principal has become incapacitated, this option may no longer be available.
To prevent such conflicts, individuals creating powers of attorney should carefully consider their choice of agents and provide clear instructions in the document regarding decision-making authority and conflict resolution. Additionally, naming a single agent or clearly defining the roles and responsibilities of multiple agents can help avoid potential disagreements in the future.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.