Wills, Trusts & Estates Prof Blog: Conflicts can arise when two individuals are co-agents under a power of attorney. Sometimes these conflicts require a court’s intervention before a resolution can be reached.
If a co-agent suspects a conflict is imminent, the first step is to check the actual wording of the power of attorney document. If the document contains procedures for resolving disputes, the co-agent should follow those procedures. If the document is silent on conflict resolution procedures, a co-agent should consult with an attorney for guidance on state power of attorney laws.
Individuals who wish to name co-agents but want to minimize potential conflict can name two agents and have them act independently. Another option is to name agents in sequence, meaning the first agent acts alone but should he be unable to serve, the next agent listed will serve.