Feb92026
Estate Planning Q&A Series

Can I name two adult children on my power of attorney and require both of them to approve every decision? – North Carolina

Short Answer

Yes. In North Carolina, a power of attorney can name two adult children as co-agents and can be written to require joint action (meaning both must agree and sign) for decisions. The tradeoff is speed and practicality: requiring two approvals can slow down routine tasks and sometimes creates problems with banks, medical providers, or urgent transactions. If a new power of attorney is signed, it is also important to handle revocation and notice so older documents do not keep circulating.

Understanding the Problem

Under North Carolina estate planning practice, the question is whether a principal can appoint two adult children as agents under a power of attorney and make the agent authority “two-signature required” for every decision. The decision point is whether the document should be drafted so the children must act together (jointly) or whether either child can act alone. The same planning choice often connects to a second practical issue: whether older power of attorney documents should be revoked so there is no confusion about who has authority.

Apply the Law

North Carolina generally allows a principal to design a power of attorney with the protections and limits the principal wants, including naming more than one agent and limiting how agents may act. The key is drafting the document clearly so third parties can tell whether one child can act alone or whether both must approve and sign. For real estate transactions, North Carolina also has recording rules that can affect how smoothly an agent can sign deeds and other recordable documents.

Key Requirements

  • Clear appointment of co-agents: The power of attorney should identify both adult children as agents and state whether they serve at the same time (co-agents) or in sequence (one primary, one successor).
  • Clear “joint action” instruction: If the goal is “both must approve every decision,” the document should say the agents must act jointly and that a single agent acting alone has no authority.
  • Plan for unavailability and deadlock: A joint requirement can fail if one child is unavailable, unwilling, or disagrees. The document should address what happens in those situations (for example, naming a tie-breaker, naming a successor agent, or allowing one agent to act alone for limited emergency items).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is “added protections,” which often means preventing one child from acting alone. A North Carolina power of attorney can be drafted to name both adult children as co-agents and require joint action, which creates a built-in check. The same plan should also address whether any prior power of attorney is still out in the world; if older documents are not clearly revoked and pulled back, a third party may keep relying on them.

Process & Timing

  1. Who signs: The principal. Where: Typically signed and notarized in North Carolina; if real estate authority will be used, plan for recording with the Register of Deeds in the county where the principal is domiciled or where the property is located. What: A new power of attorney that (a) names both children as co-agents and (b) states they must act jointly for decisions.
  2. Revocation clean-up: If there is an older power of attorney, prepare a written revocation and give notice to the prior agent(s) and to any institutions that have the old document on file. Practical timing matters: third parties may keep honoring an old document until they receive notice, and some financial institutions have internal processing delays.
  3. Implementation step: Provide certified copies of the new document to the institutions that will actually use it (banks, investment custodians, insurance companies, and health care providers if applicable), and confirm their “two signatures required” process so the joint requirement works in real life.

Exceptions & Pitfalls

  • Deadlock risk: Requiring both children to approve every decision can freeze action if they disagree. Many plans add a narrow “tie-breaker” mechanism or define categories where one agent may act alone.
  • Availability problems: If one child travels, becomes ill, or is simply hard to reach, routine tasks (paying bills, dealing with insurance, signing time-sensitive documents) can stall.
  • Third-party acceptance: Even with a valid document, banks and other institutions may have practical requirements (their own forms, signature cards, or internal review). A joint-signature POA can increase friction because every step requires coordination.
  • Old documents still circulating: Signing a new power of attorney does not automatically pull back old copies from prior agents or institutions. A written revocation plus targeted notice reduces the chance of conflicting authority.
  • Real estate recording: If the agents may sign deeds or other recordable real estate instruments, failing to record the power of attorney when required can create delays and extra steps at closing.

Conclusion

In North Carolina, a power of attorney can name two adult children as co-agents and can be drafted to require both to approve and sign for decisions. That added protection comes with a real cost: delays, deadlocks, and extra hurdles with institutions. The most important next step is to sign a clearly drafted new power of attorney and, if an older power of attorney exists, deliver a written revocation notice to the prior agent and any institutions that have the old document on file.

Talk to a Estate Planning Attorney

If you’re dealing with naming two adult children as co-agents and trying to build in safeguards without creating delays, our firm has experienced attorneys who can help you understand your options and timelines. 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 your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Estate Planning Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.