As co-agents appointed with Durable Powers of Attorney, can each agent act independently?

We turn to Florida Statute §709.2111 to answer this question. Sub-section 1 states, “A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.” So, while there are certainly exceptions to the rule (when specified in the Durable Power of Attorney itself), co-agents can indeed act separately from one another. However, you should be aware of the drawbacks of having two agents acting independently with your assets.

To have a Durable Power of Attorney prepared for you and discuss the implications of your choice of agents, or to review your existing documents, do not hesitate to call the attorneys at Bach, Jacobs & Byrne, P.A. at (941) 906-1231 to set up an appointment.