Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
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Wednesday, May 17, 2017

46 :2B-8.7 Multiple attorneys-in-fact.

46 :2B-8.7  Multiple attorneys-in-fact.

   7.   Multiple Attorneys-In-Fact.

   a.   Unless the power of attorney expressly provides otherwise, all authority granted to multiple attorneys-in-fact may be exercised by the one or more who remain after the death, resignation or disability of one or more of the attorneys-in-fact.

   b.   The power of attorney may provide that the attorneys-in-fact may act severally or separately.  If so provided, any one of the appointed attorneys-in-fact may exercise all powers granted.

   c.   The power of attorney may provide that the attorneys-in-fact shall act jointly.  If so provided then, subject to subsection a., the concurrence of all appointed attorneys-in-fact is required to exercise any power.

   d.   If the power of attorney does not expressly provide whether the attorneys-in-fact are to act severally or separately, or are to act jointly, such attorneys-in-fact must act jointly.

   e.   The power of attorney may provide that the attorneys-in-fact act successively.  Unless the power of attorney otherwise provides for the conditions under which a successor is qualified to act, the successor may act only upon the death, the written resignation, or the disability of the predecessor named attorney-in-fact.