Legal Question in Wills and Trusts in California

Medical Durable Power of Attorney - Two Agents?

Is it legal to name two primary Health Care Agents? I'm not referring merely to an alternative.

If so, would the designation "Jane Doe and/or John Smith" be appropriate?

If this is not legal, perhaps there is another way to solve the problem. My relative does not trust her husband's sole judgment to make health decisions for her, yet she's worried he'll be furious if left out of the loop and not named as Agent.


Asked on 7/11/00, 11:40 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Medical Durable Power of Attorney - Two Agents?

It should be OK to name both. I would also specify in the document that the agents are to act together and not seperately.

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Answered on 9/08/00, 7:39 pm
Christine Ruby Christine M. Ruby, Attorney at Law

Re: Medical Durable Power of Attorney - Two Agents?

You can name two PRIMARY agents, called co-agents. However, if you do not want one to act alone, DO NOT use "OR". Use "AND" only. You may also want to put a sentence in that says that in no event shall one act without the other. If one is unable to act, you should name an alternative (this can also be two people).

THE LAWS FOR HEALTHCARE DOCUMENTS IN CALIFORNIA CHANGED ON JULY 1, 2000. MAKE SURE YOUR DOCUMENT COMPLYS WITH THE NEW REQUIREMENTS.

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Answered on 9/09/00, 3:40 am


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