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Avoid sibling squabbles when choosing a power of attorney

| Feb 27, 2020 | Estate Litigation |

Choosing your power of attorney was never going to be easy. You have three children, triplets, who all want what’s best for you. Putting one of them in charge is not something you’re interested in doing, but you think that having all three trying to work together would be too difficult.

You can avoid feuds over power of attorney, though. For one thing, there are two kinds of powers of attorney, medical and financial. Why does that matter? Imagine if two of your children are doctors or nurses and the other is an accountant. Wouldn’t it make sense to have the two with medical experience take on the role of your health care power of attorney? It makes perfect sense to give the child with accounting sense the financial power of attorney, similarly.

Of course, things are rarely that simple. Imagine if your children all have jobs that have little to do with medicine or finances. How would you choose who to put in charge? It’s a tough decision, but it’s one you need to make.

What are two options for avoiding a feud over power of attorney?

One of the better options in a case like this is to use a professional fiduciary. Instead of having any of your children take on the role as your power of attorney, you can have a professional, like an attorney, do that instead.

Another option is to assign all of your children as co-agents. If you choose to do this, your documents need to be carefully worded, so that there are no issues moving forward. Your attorney will guide you if you want to add your children as co-agents or plan to hire a professional to take on the role.

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