What are Joint or Joint & Independent Attorneys?
Sometimes a Donor will want to appoint two Attorneys. In that case the Donor must decide whether the Attorneys will be ‘joint’ Attorneys or ‘joint and independent’ Attorneys. Joint Attorneys must act together. They must both agree before any action can be taken, and they must both take the same action at the same time. If one is absent, no action can be taken. Joint and independent Attorneys can act together or individually. Either one can take an action without consulting the other. If one is absent, the other can still act. Please note that in the LPA, the term “joint and independent” is referred to as “together and independent” and the term “joint” is referred to as “together”.
