Execution of a Power of Attorney

Execution of a Power of Attorney (1 or 2, or Both)

Question:

If there are 2 persons on power of attorney and the document states that it is “jointly and severally”, can only one person sign if the second person is not available?

Also the person that would be signing is on the title as well, but has Power of Attorney for the spouse.

Answer:

That’s what the “severally” means: one person.

Also, the “jointly” means: two.

The word “and” means: either or both.

Brian Madigan LL.B., Broker

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