How to Resolve Conflicts Between Dual Powers of Attorney
Check the power of attorney agreement., Talk to the other agent., Find a local mediator., Gather information., Attend your mediation appointment.
Step-by-Step Guide
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Step 1: Check the power of attorney agreement.
The agreement you both signed may contain a clause that provides a specific procedure to use in the event of a conflict.If the agreement dictates the procedure to use, you are legally bound to at least try it.
If you aren't able to resolve the conflict, you're free to try other methods.
Your state's power of attorney law also may have information or guidance on how to resolve conflicts between co-agents.
You typically can find the text of the law online by searching for "power of attorney statute" and the name of your state.
If you're not comfortable reading and interpreting statutes, you might want to consult an elder law attorney and ask whether there are any state laws that apply to your situation.
You also should consider discussing the conflict with the principal.
You and the other agent are supposed to represent his or her best interests, so getting his or her take on the matter may help resolve the conflict.
Keep in mind that if your principal is incapable of rationally processing and understanding the situation, asking what he or she wants may not be possible. -
Step 2: Talk to the other agent.
Explain the mediation process to the other agent and find out if he or she would be willing to participate.A mediator is an objective, neutral third party that assists in helping you and the other agent understand each other's positions and reach common ground.
Let the other agent know that participation in mediation is voluntary, and the mediator isn't there to pick sides or decide who is right and who is wrong.
Rather, the mediator helps the two of you come to a mutually agreeable compromise.
Since the two of you have a duty to look after the best interests of the principal, mediation can be highly beneficial.
Additionally, the mediator can help you find the peace and understanding you need to continue working together. , Many cities have community mediation centers you can use.Check with the clerk's office in your county courthouse.
The clerk may have a list of court-approved mediators, or can point you to other mediation resources.
Your local legal services office also might have information on low-cost or free mediation clinics.
Professional associations such as the American Arbitration Association also have searchable directories available on their websites that you can use to find certified and experienced mediators near you. , Although mediation isn't as formal as a court hearing, you still should prepare any documents or other information that support your position.
For example, suppose you believe the principal should be moved to a nursing home, but your co-agent disagrees.
Evidence in support of your position might include documents detailing the cost of a nursing home or statements from the principal's doctor about his or her need for constant care.
You also should bring a copy of the power of attorney agreement to your mediation appointment.
The mediator likely will want information about the principal, including his or her life, why the two of you were appointed as agents, and his or her interests. , When you arrive at mediation, the mediator typically will introduce him- or herself and explain the mediation procedure.Expect the meeting to last a few hours.
Typically the mediator will make an opening statement, then ask for opening statements from both you and the other agent.
Opening statements may be followed by joint discussion, or you and the other agent may move to separate rooms.
The mediator will go back and forth between you in an attempt to negotiate a resolution.
If you and the other agent reach an agreement, the mediator will put the key terms of the agreement in writing.
If you want, you can put this information into a legally binding contract to be signed by both you and the other agent. -
Step 3: Find a local mediator.
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Step 4: Gather information.
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Step 5: Attend your mediation appointment.
Detailed Guide
The agreement you both signed may contain a clause that provides a specific procedure to use in the event of a conflict.If the agreement dictates the procedure to use, you are legally bound to at least try it.
If you aren't able to resolve the conflict, you're free to try other methods.
Your state's power of attorney law also may have information or guidance on how to resolve conflicts between co-agents.
You typically can find the text of the law online by searching for "power of attorney statute" and the name of your state.
If you're not comfortable reading and interpreting statutes, you might want to consult an elder law attorney and ask whether there are any state laws that apply to your situation.
You also should consider discussing the conflict with the principal.
You and the other agent are supposed to represent his or her best interests, so getting his or her take on the matter may help resolve the conflict.
Keep in mind that if your principal is incapable of rationally processing and understanding the situation, asking what he or she wants may not be possible.
Explain the mediation process to the other agent and find out if he or she would be willing to participate.A mediator is an objective, neutral third party that assists in helping you and the other agent understand each other's positions and reach common ground.
Let the other agent know that participation in mediation is voluntary, and the mediator isn't there to pick sides or decide who is right and who is wrong.
Rather, the mediator helps the two of you come to a mutually agreeable compromise.
Since the two of you have a duty to look after the best interests of the principal, mediation can be highly beneficial.
Additionally, the mediator can help you find the peace and understanding you need to continue working together. , Many cities have community mediation centers you can use.Check with the clerk's office in your county courthouse.
The clerk may have a list of court-approved mediators, or can point you to other mediation resources.
Your local legal services office also might have information on low-cost or free mediation clinics.
Professional associations such as the American Arbitration Association also have searchable directories available on their websites that you can use to find certified and experienced mediators near you. , Although mediation isn't as formal as a court hearing, you still should prepare any documents or other information that support your position.
For example, suppose you believe the principal should be moved to a nursing home, but your co-agent disagrees.
Evidence in support of your position might include documents detailing the cost of a nursing home or statements from the principal's doctor about his or her need for constant care.
You also should bring a copy of the power of attorney agreement to your mediation appointment.
The mediator likely will want information about the principal, including his or her life, why the two of you were appointed as agents, and his or her interests. , When you arrive at mediation, the mediator typically will introduce him- or herself and explain the mediation procedure.Expect the meeting to last a few hours.
Typically the mediator will make an opening statement, then ask for opening statements from both you and the other agent.
Opening statements may be followed by joint discussion, or you and the other agent may move to separate rooms.
The mediator will go back and forth between you in an attempt to negotiate a resolution.
If you and the other agent reach an agreement, the mediator will put the key terms of the agreement in writing.
If you want, you can put this information into a legally binding contract to be signed by both you and the other agent.
About the Author
Joshua Harvey
Brings years of experience writing about creative arts and related subjects.
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