Can I name more than one agent in my power of attorney, and how are disagreements between co‑agents handled? – North Carolina

Short Answer

Under North Carolina law, a principal may name more than one person to serve under a power of attorney, but the default approach in the statutory health care form is to have agents serve one at a time in a stated order, not as co-agents. Disagreements between co-agents are handled first by whatever tie‑breaking or priority language the document itself contains; if the document is silent and the agents deadlock, third parties may refuse to act and a clerk or court guardianship proceeding may become necessary. Careful drafting can avoid many co‑agent conflict problems by clearly stating whether co‑agents must act together, may act independently, or which agent’s decision controls on specific issues.

Understanding the Problem

The question is whether a North Carolina estate planning client can name more than one person to act under a power of attorney, and, if so, what happens when those decision‑makers disagree. This comes up with both financial powers of attorney and health care powers of attorney when a parent wants two adult children involved. The core concern is whether North Carolina allows co‑agents at all, how their authority works day‑to‑day, and what legal mechanism exists to resolve a stalemate between them.

Apply the Law

North Carolina law gives principals wide flexibility in defining who serves as agent, how many people serve, and in what order. For health care powers of attorney, the statutes expressly allow detailed provisions about appointment, resignation, removal, and substitution of agents, and the statutory form is designed around a primary agent with one or more successors. For financial and property powers of attorney, general agency principles and the state’s power‑of‑attorney statutes allow multiple agents but place heavy weight on the document’s own instructions, defaulting to basic contract and fiduciary law when the document is silent.

Key Requirements

Clear appointment of agents: The power of attorney must clearly name each agent and state whether they serve one at a time (successor agents) or together (co‑agents).
Defined authority and limits: The document should spell out each agent’s authority, any limits, and whether agents must act jointly, may act independently, or whether one agent’s decision controls on specified issues.
Fallback if agents cannot or will not act: The instrument should address resignation, removal, and substitution of agents, and what happens if all named agents fail or refuse to act, because at that point the power may cease to be effective and a court‑appointed guardian may be needed.

What the Statutes Say

N.C. Gen. Stat. § 32A-21 (Appointment, resignation, removal, and substitution) – allows a North Carolina health care power of attorney to include detailed rules about how health care agents are appointed, removed, and replaced.
N.C. Gen. Stat. § 32A-19 (Extent of authority; limitations) – confirms that a health care agent may be given full decision‑making power, subject to any specific limitations the principal writes into the document.
N.C. Gen. Stat. § 32A-25.1 (Statutory form health care power of attorney) – provides a model form that uses one primary health care agent with named successors, illustrating the default preference for sequential, not simultaneous, agents.

Analysis

Apply the Rule to the Facts: In the fact pattern, the client sought powers of attorney but hired another lawyer to draft them, so the exact document language is unknown. If that attorney followed North Carolina’s statutory health care form, the document likely names a single primary health care agent, then alternate agents in order, which avoids co‑agent disputes. If the client instead asked for co‑agents under a financial power of attorney, any disagreement will be controlled first by the text of that power: if it requires joint consent, a deadlock may block action; if it allows either agent to act alone, third parties can rely on the first agent who acts, and internal disputes may have to be resolved privately or, in serious cases, in court.

Process & Timing

Who files: Typically, no court filing is needed just to name co‑agents; the principal signs the power of attorney before a notary (and witnesses for a health care power). Where: Execution usually occurs in a law office or similar setting; a health care power may be filed with the Secretary of State’s Advance Health Care Directive Registry. What: For health care, many use the statutory “Health Care Power of Attorney” form from Chapter 32A; for finances, they use a durable financial power of attorney form. When: Powers of attorney should be executed while the principal has capacity, and well before any expected incapacity.
Once signed, certified copies are delivered to the named agents and, for health care documents, to physicians or hospitals as needed. If a dispute later arises between co‑agents and the document does not clearly resolve it, one or more interested persons may petition the clerk of superior court for appointment of a guardian of the person or estate; timing for such proceedings depends on the court’s calendar and the urgency of the situation.
After a clerk or court appoints a guardian because the power of attorney has failed or is ineffective, the guardian’s authority will typically supersede the agents’ authority for the matters placed under guardianship, and the guardianship order becomes the controlling document going forward.

Exceptions & Pitfalls

Co‑agents with equal authority but no tiebreaker language can leave banks, hospitals, or other third parties uncertain, leading them to refuse to act until the agents resolve the dispute or a court clarifies control.
Vague drafting that does not say whether agents must act jointly or may act independently can create conflict and delay at critical times, especially for medical decisions or urgent transactions.
Failing to name clear successor agents means that if co‑agents resign, die, or are removed, the power of attorney can cease to be effective, forcing family members into a guardianship proceeding in clerk of superior court.
Ignoring the interaction between a health care power of attorney and a separate financial power of attorney can cause confusion, such as when one document appears to give co‑agents control over certain medical‑related costs while another gives a single agent broad financial authority.

Conclusion

North Carolina allows a principal to involve more than one trusted person in a power of attorney, but the safest default—especially for health care—is one primary agent with clearly named successors rather than true co‑agents. When co‑agents are used, the document should spell out whether they must agree, may act separately, or whether one has final say on specified decisions, because otherwise a stalemate may require court involvement. The key next step is to review or revise the power of attorney language so that the roles and decision‑making rules for any co‑agents are unambiguous.

Talk to a Estate Planning Attorney

If someone is considering naming more than one person in a North Carolina power of attorney and wants to avoid conflicts or court involvement, our firm has experienced attorneys who can help explain the options and draft clear decision‑making rules. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.