Why Are More Than One Agent In A Power Of Attorney Is Not Always Good Thing?

Under Louisiana law, there is no law that says you can only have one agent administer your estate or person if you become incapacitated.

Many people struggle with the decision as to who they wish to appoint to be their agents in their powers of attorney. Many times, people do not wish to hurt the feelings of family members or friends. So, they appoint more than one agent.

Appointing more than one agent is not always a good idea for several reasons.

1. Who is the boss? If there is more than one agent, all is fine as long as the agents get along and agree. What happens if they don’t agree or don’t get along? A dispute could become litigated. An interdiction may have to be filed. This will expend time and money. An interdiction is the primary reason a power of attorney is executed to avoid. At the end of the day, there should only be one boss.

2. Extra work and headache! If there are more than one agent, the consent of both may be needed or required to administer the principal’s assets or make medical decisions. This can be very problematic. Checks, documents and statements may require two signatures of both agents. The other agent will have to constantly be located and their consent received before anything can be done. This can be very inconvenient to agents and can expend time and money.

If you have any questions concerning powers of attorney, contact an experienced estate planning attorney. Kent S. DeJean

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