Multiple Attorneys on a POA: Joint, Several, and Joint-and-Several Authority

Welcome back to the POA’s desk.

In the last episode we covered POAs for inheritance. In this episode we cover multiple attorneys — when a POA names more than one person to act on the principal’s behalf, and how the structure affects how decisions are made and documents are signed.

A POA can name a single attorney. It can also name two, three, or more. Multiple attorneys are common in family situations, business partnerships, and inheritance scenarios. But the way the POA is structured matters, because it determines whether the attorneys must act together or whether each can act independently.

The three structures

There are three main structures.

Joint attorneys. Two or more attorneys are named, and they must act together. Every document requires every attorney’s signature. Every decision requires unanimous agreement. This is the safest structure from the principal’s perspective, because no single attorney can act unilaterally. But it is also the slowest, because every action requires coordination.

Independent or “several” attorneys. Two or more attorneys are named, and each can act independently. Any one of them can sign documents and make decisions on the principal’s behalf. This is the most flexible structure but also the riskiest, because any single attorney can act without consulting the others.

Joint and several attorneys. A hybrid structure where attorneys can act independently for routine matters but must act together for major decisions. This is sometimes used in corporate POAs where day-to-day operations need flexibility but significant transactions need oversight.

Choosing the right structure

The choice between these structures depends on the specific situation. We recommend joint authority for most family situations involving significant assets, because it provides protection against unilateral action. We recommend independent authority for situations where convenience and speed matter, such as a couple jointly authorising both spouses, where each is trusted to act alone. We recommend hybrid structures sparingly because they require careful drafting to avoid ambiguity.

Common scenarios

A common scenario. A property owner abroad has a son and a daughter in Dubai, both of whom they trust. The owner wants either of them to be able to handle property matters without needing the other present. This is independent authority. Either child can act alone.

Another scenario. An elderly parent wants two adult children to handle their UAE assets, but only with both children agreeing. This protects the parent from any one child acting in their own interest. This is joint authority. Both children must sign.

A third scenario. A business owner authorises two senior managers to handle company affairs. They want them to be able to operate routine matters independently, but require both to sign for any transaction over a certain value. This is a hybrid structure with a value threshold built in.

The wording matters

The structure must be specified explicitly in the POA. The wording matters. Phrases like “to act jointly” or “to act jointly and severally” or “to act independently” carry specific legal meaning. Generic wording like “to act on my behalf” without clarification can be interpreted either way, and is often interpreted as joint by default — meaning all attorneys must sign — which can frustrate principals who intended independent authority.

The receiving authority will look for clarity on this. The Dubai Land Department, banks, and other authorities will require clear instructions on whether one attorney’s signature is sufficient or whether multiple signatures are needed. Ambiguous wording leads to rejected documents.

Practical considerations

A few practical considerations.

Joint authority requires logistical coordination. If the attorneys are in different cities or countries, getting all of them to sign a single document requires planning. Some authorities accept signatures applied at different times, some require simultaneous signing. We confirm the receiving authority’s requirements before drafting joint POAs.

Independent authority requires high trust. Any one attorney can act without the others. If the relationship between attorneys breaks down, the principal can have multiple representatives acting at cross-purposes. Revocation may be needed quickly to clean up.

Hybrid authority requires precise drafting. The threshold for “major” decisions must be clearly defined. The mechanism for confirming which attorneys agree must be clear. Without precision, hybrid POAs become contested in practice.

Common mistakes

A common mistake we see. Principals name multiple attorneys without specifying the authority structure, assuming the drafter will set a sensible default. The default is usually joint, which means every action requires every attorney’s signature. If the principal wanted independent authority, they have to issue a new POA.

Another common mistake. Principals name attorneys who do not work well together. Two siblings who do not speak. Two business partners in conflict. The POA may be legally valid, but in practice the attorneys cannot coordinate. Joint POAs require functional relationships between attorneys to work.

At POAS we discuss the authority structure with the principal before drafting. We explain the trade-offs. We confirm the receiving authority’s preferences. And we draft the POA with explicit, unambiguous wording that makes the structure clear to anyone reading it.

In Episode 21 we cover substitution clauses. The provision that allows an attorney to delegate their authority to someone else.

I’m Patrick. Thanks for joining me at the POA’s desk.