Can NC have 2 Health Care Agents? We are co-executives of the estate and trusts....can we be co health care agents?

Question

Can NC have 2 Health Care Agents? We are co-executives of the estate and trusts....can we be co health care agents?

Answer

Co-executors of a will or co-trustees are different. NC does not recognize co-agents for health care. A health care power of attorney concerns decisions for healthcare. A doctor does not want two different people yammering at him or her with possibly different decisions (example - should mom have surgery or not, son says yes and daughter says no and both son and daughter are co-agents).

Personally, my philosphy is that there should be one captain of the ship so to speak for everything. The reason is simple - do the co-executors or co-trustees agree on everything all of the time? The answer in most cases is no. A situation arises where they have different decisions or wishes as to what should be done. In such case, who has the final say so unless there is a mechanism for resolving disputes in the will or trust? To avoid problems, one person should be in charge at all times and have final decision-making party. That is not to say that the executor or trustee should not consult with or get help from anyone else. He/she can and should especially if they are related. But there should be only one boss at a time.

I will do this if a client requests, but I try to discourage people from naming co-executors or co-trustees.