When Family Members Feud Over Power of Attorney

Common Factors in Deciding Who to Name as POA

For some people their decision to make a person their POA is very clear. Many parents will put their trust in their eldest child or whichever child lives closer to them.
 
The amount of trust a parent can put in their kid is also important to consider. The responsibility someone gets when they become a POA is a lot so knowing that the person you name as POA is trustworthy and dependable is vital. Some parents aren’t able to trust their kids to take on such a responsibility, which is okay. There are other options such as a close friend or even professional POA’s.
 

Potential Problems Naming Joint Agents or Co-Agents as POA

Being a POA is not an easy job and many people are at first reluctant to take on such a large responsibility. However, children will often get offended by not being selected because they feel unworthy or like someone else was favored over them.
 
There are two kinds of POAs: medical and financial. So splitting the responsibility is one way to try and make more people happy while also lessening the burden on one individual. You just have to be careful when selecting two different POAs to make sure they are able to work together. Finding long-term care is difficult if the medical and financial POAs don’t agree on anything.
Another option is to make co-agents or joint agents. Joint agents have to act together and can’t make any decisions separate from each other, but co-agents can act equally and separate from each other. Joint agents create a difficult problem where both POAs must be in the same room and agree on everything together. If the joint agents don’t live close to each other or have opposite schedules then getting any work done can become increasingly difficult. Co-agents means that work can be split up and the POAs don’t have to do everything together. It does also mean that they must trust each other to not make a decision that the other would disagree with.
 
Everyone should also have consecutive agents named. This means that if one POA is unable to do the job or no longer wants to, there is a succession plan that gives the next person POA. Having a backup plan can help make sure you will always have a POA available.
 

The POA Decision and Family Aftermath

Bickering doesn’t always begin with the POA decision and will oftentimes happen whenever the POAs actually start managing affairs. Below are a few ways to keep bickering at a minimum.
 

Questioning the Validity of the POA Document and Actions of the Agent

A person must be competent and understand what they are singing when a POA is signed. This also means that there cannot be any manipulation to try and trick parents into signing a POA. The POA singing needs to be done the right way or it can cause any individuals that disagree with the situation to try to exploit the signing mistakes.
 

Sibling Rivalry

Siblings bickering back and forth can cause animosity and also slow down any decision making. Questioning the parent’s agent can seem necessary but can cause a large deal of stress for the person that is just trying to do the best for their parents.
 

Unwillingness to Follow the Principal’s Wishes

The wishes in the will must be followed, and the POA has to act in the best interests of the person they are representing. If an agent does not follow the principal’s wishes, that individual can be sued. Even if a POA is using life-sustaining medical measures, if those measures are not allowed in the will then the agent is out of line.
 

Financial Feuds

Inheritance is a large motivator for siblings and any take-away from that inheritance can cause a lot of backlash. This includes payments to the POA. While it is common and makes perfect sense to pay the POA, it is often met with a level of backlash because that means less money for everyone else involved. It makes sense that the sibling that spends more time caring for their parents is entitled to more.

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Jamison Bonds, VA Accredited Attorney

One of the many benefits of being an elder law attorney is getting to work with selfless clients who act not out of their own self interest, but out of a deep concern for the people they love.  That’s why I love helping families enjoy peace of mind and protect their hard-earned assets.

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