Martina may have named one or more co-agents to act with you. The power of attorney document may say that you and any co-agent can make decisions alone. If the power of attorney document does not say anything, Texas law says that co-agents may make decisions independently of each other. If you and a co-agent cannot reach an agreement and are required to do so before acting on Martina’s behalf, contact an attorney and ask the attorney to help resolve the conflict.
Either way, you must coordinate with any co-agent and share information about decisions. Even if you and a co-agent do not have to agree on all decisions, you cannot let a co-agent do something that harms Martina. If you learn that a co-agent harmed Martin's interests and Martina is incapacitated, you must take actions to protect Martina's interests. You are still responsible for her and must act in her best interest. If you want, you can take the lead in coordinating among Martina’s co-agents and other fiduciaries as long as your doing so is in Martina’s best interests.
Martina may have named a successor agent to act for her if you are not able to be the agent. A successor agent has no authority if you are still Martina’s agent.
If Martina named you a successor agent, contact an attorney if you believe any of the following to have occurred:
- the person named as Martina's agent breached a fiduciary duty owed to Martina;
- the person named as Martina's agent materially violated or attempted to violate the terms of Martina's power of attorney, which caused Martina to suffer a material financial loss;
- the person named as Martina's agent is incapacitated or otherwise incapable of peoperly performing his or her duties; or
- the person named as Martina's agent failed to propoerly account for his or her actions.
Other types of fiduciaries
Other fiduciaries may have authority to make decisions for Martina. For example, she may have guardians of her and her property, a trustee for a trust benefitting Martina, a representative payee who handles Social Security benefits, or a VA fiduciary who handles veterans benefits. It is important to know what other fiduciaries exist because they may affect your authority to act as Martina’s agent. (For example, your authority as Martina’s agent would end if a court appointed a guardian of her estate.) If these other fiduciaries do not end your authority to act as Martina’s agent, it is important for you to work with them and keep them informed of actions you take as Martina’s agent.