Legal Question in Wills and Trusts in Massachusetts
Power of attorney
My mother would like to set me and my 3 sisters up as having power of attorney. Two of my sisters live near my mother and 2 of us live out of state. Can it be set up that the four of us have power of attorney but that 2 of the 4 signatures are required on any document?
2 Answers from Attorneys
Re: Power of attorney
You can set up a power-of-attorney in many ways. That some of the sibs live out of state is more related to inconvenience than to validity of the POA.
Re: Power of attorney
It is possible to have a power of attorney requiring two out of four agents to sign, although a bank may or may not accept such a restriction.
It is also possible to have a person execute four separate powers of attorney, naming four different individuals, with the expectation that the named agents will only act in a specified order. There are pluses and minuses for such an approach.
Note that requirements for powers of attorney differ from state to state, so your mother should speak with a competent estate planning attorney in the state where she lives.
I am licensed in both Massachusetts and New Hampshire. Please feel free to have her contact my office if she needs assistance.
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