My jurisdiction is: Virginia/USA
My brother AND I are named joint "attorney-in-fact" by my mother's power of attorney (POA). The POA has broad authority and has a clause that makes it durable.
From my background doing construction administration and management, I read the POA as intending for my brother AND I to act "together" as a single entity on behalf of my mother, and that would mean providing both signatures when her signature would be needed.
A bank told me recently that the Commonwealth of Virginia does not recognize the necessity of two signatures. This means to me that unilateral action is possible.
Is this correct – that Virginia Law ignores the POA's stated intentions?
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Now I am concerned about checks and balances on my bother's decisions.
Can I be held responsible for the unilateral actions of my brother?
How do I make sure my mother is protected if she is considered "competent" but is exhibiting poor judgment and extreme emotional reactivity and horrible executive skills?
My brother AND I are named joint "attorney-in-fact" by my mother's power of attorney (POA). The POA has broad authority and has a clause that makes it durable.
From my background doing construction administration and management, I read the POA as intending for my brother AND I to act "together" as a single entity on behalf of my mother, and that would mean providing both signatures when her signature would be needed.
A bank told me recently that the Commonwealth of Virginia does not recognize the necessity of two signatures. This means to me that unilateral action is possible.
Is this correct – that Virginia Law ignores the POA's stated intentions?
-------
Now I am concerned about checks and balances on my bother's decisions.
Can I be held responsible for the unilateral actions of my brother?
How do I make sure my mother is protected if she is considered "competent" but is exhibiting poor judgment and extreme emotional reactivity and horrible executive skills?
