QUESTION
Can one sibling have medical power of attorney of our parents and another sibling have financial power of attorney?
Asked on Aug 09th, 2012 on Estate Planning - Michigan
More details to this question:
Someone told me that only one person can have total power of attorney and that it cannot be split.
44 ANSWERS
Business Formation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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Yes.
Answered on May 29th, 2013 at 12:05 AM
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!
Answered on Sep 14th, 2012 at 4:52 PM
Residential Attorney serving Hartford, CT
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Halloran & Sage LLP
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Absolutely. It's done quite often.
Answered on Aug 23rd, 2012 at 5:22 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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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".
Answered on Aug 23rd, 2012 at 5:22 PM
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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That is not correct. Different powers of attorney may be held by different persons.
Answered on Aug 21st, 2012 at 3:10 PM
The answer to your question is yes. The powers can be split between two people.
Answered on Aug 20th, 2012 at 6:04 PM
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.
Answered on Aug 20th, 2012 at 2:20 PM
Bankruptcy Attorney serving Grand Rapids, MI
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Hunter Law Offices, PLLC
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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.
Answered on Aug 16th, 2012 at 2:07 PM
Elder and Disability Rights Attorney serving Frederick, MD
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Law Office of Charles R. Stewart
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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.
Answered on Aug 16th, 2012 at 2:07 PM
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.
Answered on Aug 16th, 2012 at 2:07 PM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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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).
Answered on Aug 16th, 2012 at 2:06 PM
The answer to your estate question is yes.
Answered on Aug 13th, 2012 at 9:52 AM
Leonard A. Kaanta
Not true, a financial power of attorney and a medical power of attorney are separate documents and different powers, different people can the agent for each power of attorney.
Answered on Aug 13th, 2012 at 9:51 AM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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Yes, these powers can be split. One has nothing to do with the other, so there is no reason why different people can hold these different powers.
Answered on Aug 13th, 2012 at 9:51 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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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.
Answered on Aug 13th, 2012 at 9:50 AM
Tax Attorney serving Naples, FL
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Henderson, Franklin, Starnes & Holt, P.A.
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Power of attorney can be split.
Answered on Aug 13th, 2012 at 9:50 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yea. In a case I just finished one had the guardianship but the other was the financial guardian.
Answered on Aug 13th, 2012 at 9:50 AM
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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They are wrong. You can split duties. One is a health care surrogate.
The other is a durable power of attorney (assets).
Answered on Aug 13th, 2012 at 9:49 AM
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.
Answered on Aug 13th, 2012 at 9:48 AM
Client Securities Disputes Attorney serving Newport Beach, CA
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Bryce L. Letterman
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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.
Answered on Aug 13th, 2012 at 9:46 AM
Yes. They cover different legal issues so it is not unusual.
Answered on Aug 13th, 2012 at 9:46 AM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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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.
Answered on Aug 13th, 2012 at 9:46 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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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.
Answered on Aug 13th, 2012 at 9:46 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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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.
Answered on Aug 13th, 2012 at 9:45 AM
Thomas Edward Gates
Yes, one sibling can have medical power of attorney, and the other can have financial poa.
Answered on Aug 13th, 2012 at 9:45 AM
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.
Answered on Aug 13th, 2012 at 9:44 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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That is completely untrue. It is actually fairly common to split medical and financial powers of attorney between the adult children.
Answered on Aug 13th, 2012 at 9:44 AM
Probate & Trust Attorney serving Coral Springs, FL
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Richard J. Kaplan, P.A.
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Yes. One person can be appointed under a Durable Power of Attorney, and another person under a Health Care Surrogate.
Answered on Aug 13th, 2012 at 9:44 AM
2 Awards
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.
Answered on Aug 13th, 2012 at 9:44 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Yes, these powers may be given to different people. Usually, financial powers and medical powers are contained in separate documents anyway.
Answered on Aug 13th, 2012 at 9:43 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Then answer to your question is yes.
Answered on Aug 13th, 2012 at 9:43 AM
Yes, the powers can be split between siblings.
Answered on Aug 13th, 2012 at 9:42 AM
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.
Answered on Aug 13th, 2012 at 9:42 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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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.
Answered on Aug 13th, 2012 at 9:42 AM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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Yes. One sibling may have the Financial PA and the other sibling may have the Medical PA.
Answered on Aug 13th, 2012 at 9:42 AM
Trusts & Estates Attorney serving Berkeley, CA
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Law Office of Scott Pesetsky
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Yes, you may give one person medical power or attorney, and another person financial power of attorney.
Answered on Aug 13th, 2012 at 9:41 AM
Estate Planning Attorney serving Simi Valley, CA
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Carmen B. Marquez, PC
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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.
Answered on Aug 13th, 2012 at 9:41 AM
Real Estate Attorney serving South Jordan, UT
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James T. Dunn P.C.
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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.
Answered on Aug 13th, 2012 at 9:41 AM
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.
Answered on Aug 13th, 2012 at 9:41 AM
Medical power of attorney is separate from financial power of attorney. These can be the same people or they can be completely different.
Answered on Aug 13th, 2012 at 9:40 AM
Bankruptcy Attorney serving Lenexa, KS
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Walden Legal Solutions, LLC
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Your parents can have two separate documents prepared, naming a different agent in each.
Answered on Aug 13th, 2012 at 9:40 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Power of attorney for property and health care are separate documents and the agents can be different.
Answered on Aug 10th, 2012 at 5:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They are incorrect, powers can be specific and split.
Answered on Aug 10th, 2012 at 5:03 PM