Can one sibling have medical power of attorney of our parents and another sibling have financial power of attorney? 63 Answers as of May 29, 2013

Someone told me that only one person can have total power of attorney and that it cannot be split.

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Blough Law Office | Janis L. Blough
Powers of Attorney can be split up among as many persons as one wants. In case of stroke, Alzheimers, dementia, etc., it is best to make them "durable" powers of attorney so that they can still be used. Of course, all powers of attorney expire upon death of the giver. Good luck!
Answer Applies to: Michigan
Replied: 9/14/2012
Halloran & Sage | Vincent A. Liberti
Absolutely. It's done quite often.
Answer Applies to: Connecticut
Replied: 8/23/2012
Doland & Fraade | Michael Doland
That is not correct. Different powers of attorney may be held by different persons.
Answer Applies to: California
Replied: 8/21/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
Yes. The powers of attorney you are asking about are for different purposes and there is no reason why different people who may be more skilled in each of the separate functions should not be appointed. I would suggest that you get legal advice from attorneys rather than from "someone who told me".
Answer Applies to: Michigan
Replied: 8/23/2012
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
The answer to your question is yes. The powers can be split between two people.
Answer Applies to: Oregon
Replied: 8/20/2012
    Law Offices of Ward F. McDonough, Jr. | Ward F. McDonough, Jr.
    Yes, but it is not suggested especially under the old theorem that normally two people can never agree upon any or everything. Sounds like not a good idea.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Hunter Law Offices, PLLC
    Hunter Law Offices, PLLC | S. Christopher Hunter
    In my experience sometime it is better to have one person be medical poa and another be financial poa. In Michigan this can be done. They do not have to be the same person.
    Answer Applies to: Michigan
    Replied: 8/16/2012
    Horn & Johnsen SC
    Horn & Johnsen SC | Dera L. Johnsen-Tracy
    There is nothing in Wisconsin law prohibiting the appointment of different health care agents and financial agents. A health care power of attorney is used for the purpose of appointing a health care agent, while a property power of attorney is used for the purpose of appointing a financial agent.
    Answer Applies to: Wisconsin
    Replied: 8/16/2012
    Stephens Gourley & Bywater | David A. Stephens
    In Nevada the powers can be split.
    Answer Applies to: Nevada
    Replied: 8/16/2012
    Law Office of Charles R. Stewart. LLC
    Law Office of Charles R. Stewart. LLC | Charles R. Stewart
    I wouldn't listen to that person any more. Most attorneys draw up separate documents for medical/health and financial. There is no reason why the agents can't be different individuals, and there are often good reasons why they should be. Check to make sure the financial POA is the new Maryland statutory form personal financial power of attorney (a limited form is also available, but not as widely used). The official Attorney General form can be found at: www.oag.state.md.us/Courts/17-202.pdf Many or most attorneys, however, have been adding important special instructions. A consultation with a professional would be well advised.
    Answer Applies to: Maryland
    Replied: 8/16/2012
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    In Indiana, it is proper for one person to have a financial power of attorney (through a Durable Power of Attorney) and another be appointed the Health Care Representative (through an Appointment of Health Care Representative).
    Answer Applies to: Indiana
    Replied: 8/16/2012
    Slotnick & Schwartz
    Slotnick & Schwartz | Leonard T. Schwartz
    Yea. In a case I just finished one had the guardianship but the other was the financial guardian.
    Answer Applies to: New Jersey
    Replied: 8/13/2012
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    There is no problem with one sibling having the power of attorney for the health care decisions of a parent, and another sibling having the financial power of attorney. In some cases, this may even be desirable.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Robert J. Slotkin | Robert J. Slotkin
    They are wrong. You can split duties. One is a health care surrogate.

    The other is a durable power of attorney (assets).
    Answer Applies to: Florida
    Replied: 8/13/2012
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    You can choose any adult you want to be your agent in your power of attorney, POA. You can have two persons acting at the same time if you want.

    You do not need to have the same person be named on your financial POA as you have on your medical POA, or health care surrogate.

    You can even have different people named as your trustee if you have a trust.

    The goal is to name the right person for the job and that can very likely be different people.
    Answer Applies to: Florida
    Replied: 8/13/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    Yes, in Maryland the agent for health care powers (medical) may be different from the agent for financial powers.
    Answer Applies to: Maryland
    Replied: 8/13/2012
    Alvin Lundgren | Alvin Lundgren
    Yes. One sibling could be both, or divide it up. It is up to the parents. You may call for a free consultation.
    Answer Applies to: Utah
    Replied: 8/13/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    Yes. There is no rule that a person must name one individual to handle all of their power of attorney options.

    Most people do choose one person but it is not absolutely necessary. If a person decides to choose two different people to act as power of attorney, it is best to choose two people that can get along and work well together.
    Answer Applies to: Arizona
    Replied: 8/13/2012
    Goncalves Law Office | Humberta Goncalves-Babbitt
    Your parents can designate anyone they choose as their agent for medical decisions and as their agent for financial matters.

    There is no requirement that they be the same person (as there is no requirement that it even be a family member).

    In addition, each of your parents can designate different persons to be their agents. Therefore, your father can designate 2 entirely different persons from your mother.
    Answer Applies to: Rhode Island
    Replied: 8/13/2012
    Law Office of Bryce Letterman
    Law Office of Bryce Letterman | Bryce Letterman
    See Calif. Probate Code 4700 et seq. for Healthcare Directive and Calif. Probate Code 4120 et seq for Power of Attorney. No mention is made re: a person nominated for one purpose must serve for the other purpose. You can name anyone you wish, different for each.
    Answer Applies to: California
    Replied: 8/13/2012
    Norm R Perry. Attorney at Law | Norm R Perry
    Yes. They cover different legal issues so it is not unusual.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Yes. The two documents are legally unrelated. Obviously in real life they are related, as the health care representative can make medical decisions that may involve incurring costs, and it will be the person with financial power of attorney who will need to pay those bills. Limitations on your parents' finances may have consequences for the care they can afford. Therefore, the two should cooperate, discussing what is financially realistic and what is medically necessary.
    Answer Applies to: Oregon
    Replied: 8/13/2012
    DOUGLAS A. TULL, P.C.
    DOUGLAS A. TULL, P.C. | Douglas A. Tull
    Yes. There is no legal restriction. In fact it can be common where one sibling has financial acumen suited to a power of attorney where another sibling is better able to deal with making medical decisions and so a parent splits those duties.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes they can be different as the idea is different and one person may be better suited for one and another person for the other.
    Answer Applies to: California
    Replied: 8/13/2012
    Frederick & Frederick PLC | James P Frederick
    You were misinformed. While it is common for one person to have power of everything, there is no reason why you cannot divide up the responsibility for medical and financial matters.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Financial Power of Attorney and Medical Power of Attorney are two different things. Different people can be appointed as the attorney-in-fact for each of them. Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes, one sibling can have medical power of attorney, and the other can have financial poa.
    Answer Applies to: Washington
    Replied: 8/13/2012
    Grace Ronkaitis | Grace Ronkaitis
    It is common to split these duties in Michigan. In Michigan a person designates a Patient Advocate to make medical decisions. This designation form is separate from a Power of Attorney that is used for financial or other purposes.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Richard J Kaplan, PA
    Richard J Kaplan, PA | Richard J Kaplan
    Yes. One person can be appointed under a Durable Power of Attorney, and another person under a Health Care Surrogate.
    Answer Applies to: Florida
    Replied: 8/13/2012
    Alaska Wills and Trusts, LLC | Alisha Hilde
    You can have a power of attorney over your finances which can cover all aspects of your financial management or provide limited powers. You can name one person or even two people who make decisions together or separately. This is a different document than an "Advance Health Care Directive" which is sometimes known as a "living will". The advance health care directive has a power of attorney section for naming a person to make medical decisions on your behalf. You do not have to list the same person(s) in these two documents. To answer you question, one sibling can be named as your parents' medical power of attorney and a different sibling can be named as your parents' financial power of attorney.
    Answer Applies to: Alaska
    Replied: 8/13/2012
    The Law Offices of Tres A. Porter | Tres A. Porter
    That is completely untrue. It is actually fairly common to split medical and financial powers of attorney between the adult children.
    Answer Applies to: California
    Replied: 8/13/2012
    Grant Morris Dodds | Mark Dodds
    In the State of Nevada, the forms for both the medical/health care power of attorney and the financial/legal power of attorney are prescribed by separate statutes, meaning they are based upon different code sections of Nevada law. Therefore, the medical power of attorney and the legal power of attorney are created as separate documents and work entirely independently of each other. Because these powers of attorney are created separately, it is allowable in Nevada to designate one person as the health care agent, exercising the power to make health care decisions for you if you cannot make them yourself, and designating a different person to exercise the power of attorney for legal and financial matters. Most people will also name a backup power of attorney designee as well, just in case the first designee is unable to serve.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    Wajda Law Group, APC
    Wajda Law Group, APC | Nicholas M. Wajda
    Yes. Each of these is a separate legal document and your parents have the right to choose whomever they wish for each document.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Then answer to your question is yes.
    Answer Applies to: California
    Replied: 8/13/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    Yes, these powers may be given to different people. Usually, financial powers and medical powers are contained in separate documents anyway.
    Answer Applies to: Maryland
    Replied: 8/13/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    They are incorrect, powers can be specific and split.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, the powers can be split between siblings.
    Answer Applies to: Nebraska
    Replied: 8/13/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    Absolutely, power of attorney can be split many ways. Typically people will have a durable general power of attorney (which gives authority over business/financial matters) and a medical power of attorney, often combined with an advance medical directive, which gives authority over medical matters. The agents under each type of power of attorney are NOT required to be the same person.
    Answer Applies to: Utah
    Replied: 8/13/2012
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Separate powers of attorney are possible in Missouri. One would be for financial purposes and the other for health care. If you want a durable power of attorney for health care and/or health care directive, go to the Missouri Bar website and you can download a form. There is no legal requirement that the principal has to appoint the same attorney in fact for financial purposes and for medical purposes.
    Answer Applies to: Missouri
    Replied: 8/13/2012
    Law Offices of Michael N. Stafford | Michael N. Stafford
    Yes. One sibling may have the Financial PA and the other sibling may have the Medical PA.
    Answer Applies to: California
    Replied: 8/13/2012
    Carmen B. Marquez, PC | Carmen B. Marquez
    Yes! Maybe one child is better with money but they feel more comfortable with the other making health care decisions. I do it all the time.
    Answer Applies to: California
    Replied: 8/13/2012
    James T. Dunn PC | James T. Dunn
    It can be split. We see this with minors all the time where one person with financial savvy is appointed conservator of $ and the loving, caring relative is appointed the guardian of the person of the minor. Same holds true for adults.
    Answer Applies to: Utah
    Replied: 8/13/2012
    SmartWills
    SmartWills | Scott Pesetsky
    Yes, you may give one person medical power or attorney, and another person financial power of attorney.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Offices of Frances Headley | Frances Headley
    No, these powers are conferred in separate documents and can be separate people. The principal should chose the individual who has the best skills for the requirements of the agent. Some people are better handling financial matters, others medical issues. The principal should choose who works best for matters they are going to be asked to handle.
    Answer Applies to: California
    Replied: 8/13/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    It can be split or you can have Co-Agents where both have act.
    Answer Applies to: Alabama
    Replied: 8/13/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Medical power of attorney is separate from financial power of attorney. These can be the same people or they can be completely different.
    Answer Applies to: Arizona
    Replied: 8/13/2012
    Law Offices of William J. Hagan
    Law Offices of William J. Hagan | William J. Hagan
    One sibling (or any other person for that matter) may be designated as the person's health care agent, while the other person can hold their power of attorney. In addition, the power of attorney can be limited in scope to specific enumerated powers, or can be wide ranging. A properly drafted power of attorney will identify what powers are and are not granted.
    Answer Applies to: Connecticut
    Replied: 8/10/2012
    Law offices of Ron Webster | Ronald S. Webster
    Whoever told you that was misinformed. It is quite common for one sibling to have power of attorney for health care purposes. Because they may not be financially sound often times a different sibling is given a financial power of attorney. As a result, these duties are often split.
    Answer Applies to: Florida
    Replied: 8/13/2012
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Power of attorney for property and health care are separate documents and the agents can be different.
    Answer Applies to: Illinois
    Replied: 8/10/2012
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