QUESTION
When a POA has two agents, and one of those agents pass away, does the remaining agent become the sole agent or does the POA become null and void?
Asked on Aug 04th, 2020 on Estate Planning - Kansas
More details to this question:
My Mom & Dad had a POA set up with two agents, my two elder brothers. My eldest brother passed away. Just wanted to know if that made my parents have to draw up a new POA?
1 ANSWER
2 Awards
It depends on what the POA says. If it provides that the agents can act separately, the surviving agent can act. If it provides that they must act jointly, the surviving agent can not act. It may also provide for a successor agent to replace the deceased agent. Read it carefully.
Answered on Aug 05th, 2020 at 5:13 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.