The legal assistant told me financial POA has to be in one name then sibling can be listed if first person can’t do it. My brother and I would like it to read his name OR my name as he is more intuned with financial affairs but she is now living with me so I need to be check writer. Assistant said she could list us as AND but I would need his signature on writing her checks which I understand but is impossible in our scenario. Why can’t it be written as OR listing both of us? The medical power document lists us as OR. Do I make sense? I just want him to have equal involvement if necessary. Mom is in agreement. Advice?
You can share decisions with your brother if you want to...ask for his input but leave it at that.
I strongly urge you to not do what you are outlining.
Read around this site, many horror stories about doing this.
I think most lawyers caution people against it because they see instances where one sibling will think Mom/Dad needs to do X but the other thinks they should so Y. Or both siblings may agree but one sibling has a spouse or partner who puts undue pressure on them and redirects that sibling to make a different choice. Sometimes it's motivated by money, or inheritance of family heirlooms or property etc.
But there are probably cases where it is necessary. As cwillie mentioned requirements like dual signatures can be problematic. But if you feel that it would work for your family, I don't see any reason why it wouldn't work if all are in agreement.
Additionally - you need to make sure that if you choose to go that route that if one of you chooses to step down - that the other maintains full POA power - in other words - make sure the verbiage is written in such a way that it is clear that full POA is transferred to the other POA in the event that the shared POA steps down or predeceases etc.
both names of her MPOA and her FPOA and her. So, she could sign, or one of the POA's or 2 of them or all 3.
She was nothing if not prepared!