Dual POAs, can you set up to have either/or or are both signatures required?
My husband, who passed away recently, was POA for his brother who's in a nursing home, and another brother was named as secondary POA in case my husband could no longer be POA or chose to resign. I actually did a lot of the record keeping so played a big role in Medicaid application, did my brother-in- law's taxes, etc. The other brother is already medical POA, and has quite a bit to do in that regard. The NH brother is not incompetent legally, but became unable to handle his financial affairs so he was relieved to have my husband handle things. I'm willing to cover the financial side for my brother-in-law as POA as it's not time consuming or complicated at this point. However, I'm wondering how feasible it would be to set up both me and the other brother as co-POAs and allow either of us to sign as POA? I would certainly abide by the wishes of both my brothers-in-law, and would take on POA financial duties only to take some of the burden off the POA brother in law who is still working. Once my husband's affairs are settled, I'd certainly have enough time to help out.
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Mother has ONE POA who co-signs checks for her that are over $200. Daddy set this up as at one time we had an OB who robbed my folks blind. This was to protect her.
It's not necessary to have 2 extra signatures on an account that's probably as small as I imagine your BIL's is. It makes for a lot more work.
However, you can have as many people on a checking acct as you want. I feel this just slows a lot of things down. But sometimes, if a family doesn't get along, this is a good checks and balances system.
Documents included the either/or provision.
I read this that BIL in NH is well enough (a competent) to sign a POA assigning you or anyone else POA. His attorney would have the final word on his competence. I would make sure of that for your own protection.
NH BIL can set this up anyway he wants. Where both POAs can sign, where either of you can sign, whatever makes sense for his situation. He should also assign someone as back up for each of you. I took DH aunt to her attorney to do just this when her second passed away. It is NH POA decision. He can have it written up anyway he wants. Just make sure you are protected as well.
That last sentence is where it ends.
If #2 is not competent, he cannot grant POA to anyone at this point in his life, and #3 has the job due to the death of #1. If he doesn't want the job, I hope #2 had named his bank as the tertiary POA, but if he didn't, I suppose a county guardian would take over.
Now, if I was not going by the book, so to speak, I'd say go ahead and help out #3 as much as possible, but he's the only one who can write and sign checks.