Legal Question in Wills and Trusts in New Jersey
Two People for Power of Attorney??
My mother is in the process of writing up a durable
power of attorney. She wants to appoint my father her
power of attorney. She then would like to appoint both
myself and my sister power of attorney if my father is
deceased or incapacitated. Can she appoint both of
us, and is it advisable?
Thank you.
2 Answers from Attorneys
Re: Two People for Power of Attorney??
Sure she can appoint both of you, my preference is not to appoint more than one person at a time. Also, I do always reccommend a backup or substitute after the primary apointment.
Re: Two People for Power of Attorney??
Yes, it is recommended to appoint back-up people to serve if the first person is not able to. Two people may serve together, or you may want to suggest to your mother that she appoint one of you as the first back-up, or successor, and the other as a second successor.
Your mother should also be sure that the Power of Attorney is "durable", that is, it remains effective even (especially) if she becomes incapacitated.
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