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My POA lists 2 people appointed jointly. It does not say "jointly and severally". An additional clause states the following:"If an one of the appointed joint attorney predeceases me, dies while acting as my Attorney or becomes unable or unwilling to act as my Attorney, then the remaining or surviving Attorney shall be authorized to act alone." Does this clause give each Attorney the ability to act independently if the other Attorney is simply unavailable at various points? Does this give each Attorney the same ability to act independently as if the POA stated they were appointed "jointly and severally"?
If your POA was prepared by a lawyer, it would be best to seek clarification from that lawyer - they would be in the best position to assess this wording in the context of the entire document. Usually, without more context or specification, jointly appointed individuals would be expected to have to act together. If they are intended to be able to act independently of each other, then that should be clearly stated in the POA. Again, best to ask the lawyer who prepared it, if possible.
24 months ago
Sharon C (Edmonton)
Thank you. The POA was prepared by a lawyer. They insist the clause referenced is as good as if it had stated "jointly and severally". The bank we are dealing with doesn't agree.
04 months ago
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