When you create a Durable Power of Attorney (DPOA), you’re giving someone legal authority to act on your behalf — often for financial or legal matters. But what if you don’t want just one person in charge? Maybe you have two adult children, or you want a backup if your primary agent can’t serve. Can multiple people share that role? The answer is yes — but it’s not as simple as it sounds.
Florida law does allow more than one agent to serve under a durable power of attorney. However, the way you set it up — whether they act jointly or successively — can make a huge difference in how smoothly things work (or fall apart).
What “Multiple Agents” Really Means
When you name more than one person in your DPOA, you can choose for them to act:
- Jointly: They must act together on all decisions.
- Independently (Co-agents): Each can act separately without the other’s approval.
- Successively: One serves first, and if that person can’t or won’t serve, the next one takes over.
These distinctions sound small but can completely change how effective your DPOA is.
Joint Agents: Shared Power, Shared Problems
With joint agents, all named individuals must agree and sign off on every action. That might sound fair — after all, two heads are better than one — but it can turn simple tasks into bureaucratic nightmares.
Example:
Imagine two siblings, Carlos and Maria, named as joint agents for their father’s DPOA in Miami. Their dad needs to sell a condo to pay medical bills. Carlos agrees; Maria hesitates. Because both must sign, the sale stalls for months, and the financial strain worsens.
Under Florida Statute §709.2111, when agents are required to act jointly, any disagreement can halt action entirely. Financial institutions may also refuse to honor partial signatures, causing delays even in routine matters like paying bills or managing accounts.
Pros:
- Built-in checks and balances
- Prevents one agent from abusing power
Cons:
- Requires constant coordination
- Can lead to deadlock
- Causes delays in time-sensitive matters
Co-Agents Acting Independently
A co-agent arrangement gives each agent the ability to act on their own. That means either person can make decisions, sign checks, or manage property without the other’s involvement.
This setup is much faster and more flexible — but it comes with risk. If two agents act independently, their decisions must not conflict. One might sell a car while the other tries to donate it. Legally, both actions could be binding, creating a mess for banks, title companies, or family members.
Florida law allows co-agents to act independently unless the DPOA specifically requires joint action. (See Florida Statute §709.2111(1)). But if co-agents disagree and the dispute affects the principal’s interests, the issue may need to be resolved in court — which defeats the purpose of having a DPOA for efficiency.
Real-world scenario:
If your mom names both you and your brother as co-agents, and you use her funds to remodel her home while your brother withdraws money to invest elsewhere, both transactions are legal — but together, they could drain her savings fast.
Successive Agents: A Safer, Simpler Alternative
For most people, the successive (or successor) agent setup is more practical. You choose one primary agent who acts first and name backups in case that person becomes unable or unwilling to serve.
This avoids conflict entirely — only one person has authority at a time. When the first agent can’t serve (due to death, incapacity, or resignation), the next one steps in automatically.
Example:
Your daughter is the primary agent. If she moves overseas or can’t continue, your son becomes the acting agent without needing court approval.
Benefits:
- Eliminates confusion and overlap
- Reduces family tension
- Keeps authority clear and traceable
The key is to specify the order of succession clearly in the document so financial institutions know exactly who’s in charge and when.
Common Mistakes to Avoid
- Leaving decision-making rules vague.
If your DPOA doesn’t say whether agents act jointly or independently, Florida law assumes they can act independently — which may not be what you want. - Choosing agents who don’t get along.
No legal wording can fix personal conflict. If your co-agents don’t communicate well, joint authority will only amplify friction. - Failing to notify institutions.
Always provide updated, notarized copies to banks, title companies, and financial advisors. They’ll want clarity on who has power at any given time. - Not updating after life changes.
Divorce, relocation, or death of an agent should trigger a review and revision of your DPOA.
When to Get Professional Help
If you live in Florida, working with an estate planning attorney is essential to ensure your DPOA meets state-specific requirements — such as signing in the presence of two witnesses and a notary. An attorney can also draft custom language to:
- Require joint consent for major decisions (like selling property)
- Allow independent action for routine matters (like paying bills)
- Set up clear successor chains to avoid power gaps
Takeaways
- You can appoint multiple agents under a durable power of attorney in Florida, but structure matters.
- Joint agents must agree on everything — safer, but slower.
- Co-agents can act independently — faster, but riskier.
- Successive agents offer the cleanest, most conflict-free approach for most families.
- Always get legal guidance before finalizing your DPOA — mistakes here can cause chaos when you’re least able to fix them.
