You can have 2 powers of attorney
Several people in the power of attorney: you have to pay attention to this!
Separate individual powers of attorney
You can grant power of attorney for various areas. Such “individual powers of attorney” only work if you clearly separate the areas of application of the respective powers of attorney from one another - otherwise, differences of opinion between the authorized representatives are very likely.
- Several individual powers of attorney are particularly useful if you have several confidants who are particularly suitable for different areas of power of attorney. For example, a notary friend can take care of property matters, while a related doctor takes care of health care.
- The disadvantage of the separate individual powers of attorney is the complex organization and creation of the documents. The powers of attorney must be coordinated and must not overlap.
Double power of attorney
With a double power of attorney, you designate a maximum of two confidants at the same time. The two authorized representatives can then represent you, as the principal, either jointly or separately from one another and must control one another.
- A double power of attorney makes sense for two reasons: On the one hand, you protect yourself against misuse of your power of attorney by checking each other's representatives. On the other hand, you still have an authorized representative if an authorized representative is prevented from doing so. In this way you avoid situations in which legal supervision may be necessary.
- The disadvantage of double power of attorney is the increased risk of discrepancies between the authorized representatives. This can unnecessarily delay important decisions in an emergency. However, you can avoid this risk by giving one of the authorized representatives in your health care proxy the decision-making power in the event of discrepancies.
Substitute power of attorney
A substitute power of attorney offers additional security. You designate a substitute authorized representative who can step in immediately if the authorized representative fails - for example due to vacation, illness or death. This minimizes the risk of gaps in supply.
- Anyone who would like to appoint a substitute proxy draws up an identical power of attorney with the same content for the case of representation. This is not handed over to the substitute proxy immediately, but only in the actual case of representation. You can inform your substitute proxy about the place of the substitute power of attorney or put a corresponding note card in your wallet.
- The original order remains unchanged. Should the actual authorized representative be able to resume his tasks after a failure, the substitute authorized representative must return his power of attorney. This not only avoids discrepancies between the authorized representative and his deputy, but also against third parties.
Important: You should absolutely avoid handing over the power of attorney immediately. Even substitute powers of attorney with a corresponding note do not prevent improper use! In addition, this increases the risk of conflicts between the authorized representatives.
Alternative to a substitute power of attorney
The sub-power of attorney fulfills a similar function as the aforementioned special forms of power of attorney. However, it is not you, as the principal, but the authorized representative who issue a sub-power of attorney. If they have your express permission, the agent may appoint one or more persons as sub-agents to take over certain matters for you. While sub-power of attorney saves you some coordination, you have no say in the allocation of sub-powers of attorney.
If Individual power of attorney, Double power of attorney or Substitute power of attorney: There are different ways to authorize multiple people. While having multiple agents has certain advantages, it increases the risk of conflict and disagreement - so think carefully about whether and how you want to designate multiple agents.
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