Legal Question in Wills and Trusts in Pennsylvania
my father is treminally ill (stage 4 lung cancer) my step mother has a power of attorney paper that states her OR my oldest brother's name as the power of attorney..... can there be 2 POA or only 1? the first name stated?
1 Answer from Attorneys
I would have to review the POA. Agents under a financial POA can be joint. Read the POA carefully to see whether the agents serve together or separately. If the POA truly says your step-mother or your brother, this may be problematic as if the agents do not get along, each one can act independently of the other. Dissention in the ranks would not be in your father's best interest.
If your step-mother is someone who is capable of handling your father's affairs and is motivated to do the best for your father, then your brother might want to just allow her to handle things. If your step-mother did not handle the family finances and has no clue, then maybe she ought to step down and allow your brother to handle things.
I do what my clients want, but I am not a fan of allowing more than one person to serve as agent at a time. There should only be one captain of the ship. He or she can and should consult with others, but the final decisions should be made by the person in charge.
I hope this helps.
If you are still confused, then I would take the POA to an elder care attorney and pay them to review it and give you an opinion as to what it says. If the POA was drafted by an attorney, maybe he or she will review it for your father at no charge.