Legal Question in Wills and Trusts in California

Re: durable power of attorney for financial affairs

for a durable power of attorney for property management the principal may execute more than one power of attorney, and may designate more than one attorney in fact, either in one or in more than one instrument. However, the authority of two or mroe attorneys in fact ordinarily is exercisable only by their unanimous action. However, if one attorney in fact becomes unavailable due to illness, absence or other temporary incapacitated the remaining person may act as if he/she were the only attorney in fact.

Re: durable power of attorney for financial affairs

Very interesting question. First of all the power of attorney is usually a power of which goes into effect immediately for a specific time or unlimited time depending upon what the power states. It is meant for one person to be able to act on behalf of another because the other is unable to act, i.e. out of the country. It is either a limited power as set forth in the document or an unlimited power depending upon the terms of the document. It isn't really meant to be used in terms of incapacity although it has been used that way. I have never known at power of attorney to be used for more than one person. When their two people there may be a controversy between them as to what is in the best interest of the person they're dealing with. What you are basically looking at based upon the fact situation is a Conservatorship. That is a procedure through the superior court of any county in which the individual principally resides where there is a court supervised individual (s) for applied to take care of a person's estate or damned personally. Basically, if you are dealing with somebody who's older I would suggest you get a hold of attorney who deals in elder law who can better advise you based upon your specific fact situation in the individual over who you are concerned.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.