Dual Power of Attorney Form

Legally, only one person is permitted to gain power of attorney over someone who is mentally or physically incapacitated. With a dual power of attorney form, two people share the responsibility of acting as a power of attorney agent, but they must agree on all actions before they occur. No one is authorized to act alone when making any decision.

Sample Dual Power of Attorney Form

[Name], hereinafter referred to as principal in the County of ___________ State of __________, being of sound mind, do(es) appoint [name, address and name, address] as his (her) true and lawful attorneys-in-fact.

Any and all general powers of attorney that previously have been signed by principal are hereby revoked. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to principal’s health care that previously have been signed by principal.

In the principal’s name, and for the principal’s use and benefit, said attorney-in-fact are authorized to jointly:

(1) Sell, exchange, buy, invest, or reinvest any assets or property owned

(2) Open, maintain or close bank accounts

(3) Take any and all legal steps necessary to collect any amount or debt owed, or to settle any claim, whether made against or asserted on behalf of principal against any other person or entity.

(4) Employ professional and business assistance as may be appropriate

(5) Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of principal’s property currently owned or acquired later

(6) Disclaim any interest that might otherwise be transferred or distributed to principal from any other person, estate, trust, or other entity, as may be appropriate.

Said attorney-in-fact shall not be liable for any loss that results from a judgment error that was made in good faith. However, said attorneys shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this power of attorney.

Principal authorizes the two attorneys to jointly indemnify and hold harmless any third party who accepts and acts under this document.

Giving and granting to said attorneys full power and authority to do all and every act and thing whatsoever requisite and necessary to be done relative to any of the foregoing as fully to all intents and purposes as principal might or could do if personally present.

All that said attorneys shall lawfully do or cause to be done under the authority of this power of attorney is expressly approved.

[If witnesses are required, the following must be included:

Witness signature: __________________________________

Witness printed full legal name: __________________________________

Witness signature: __________________________________

Witness printed full legal name: __________________________________]
Dated: __________, 20____ at _________________________,

_________________________.

By: __________

State of __________county of __________

Before me, the undersigned authority, on this __________ day of __________, 20_____, personally appeared __________ to me well known to be the person described in and who signed the foregoing, and acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein expressed.

Witness my hand and official seal the date aforesaid.

Notary public

My Commission Expires:

Category: Power of Attorney forms