Estate Planning · Pittsburgh
Co-Agent on a Pennsylvania Power of Attorney: When One Agent Acts Alone and What the Other Can Do
Co-agent means both agents must act together. Under 20 Pa.C.S. § 5601.3(b), co-agents named in a Pennsylvania power of attorney must exercise authority jointly unless the instrument specifically provides that they may act independently. When the document is silent, the default is joint action. Every transaction one co-agent executes without the other is technically unauthorized — regardless of how reasonable it seemed, how urgent the situation was, or how long the other agent has been unresponsive.
Co-agent means both. Not one who moves faster. The parent who named two children as co-agents intending to create a check and balance created exactly that — neither can act without the other. The sibling who moves faster and secures exclusive access to accounts, passwords, and documents has not acquired authority. They have created liability. The question is whether anyone enforces it. Most families do not, until the damage is measurable and the window to recover it is closing.
A Pittsburgh woman was named co-agent with her brother on their father’s power of attorney. The document required joint action. After their father’s hospitalization, her brother changed the online banking passwords, removed her name from the authorized user list on one account, and began paying his own bills from their father’s checking account. He told her he was “handling everything” and she did not need to be involved. She contacted an attorney eight months later when she discovered $34,000 had been transferred to her brother’s personal account in three transactions. Each transaction was unauthorized — the POA required both signatures. He had no authority to act alone. The court ordered him to return the funds and suspended his authority as agent. The co-agent designation that was supposed to protect their father was honored eight months late.
A co-agent who has been locked out of accounts, denied information, or excluded from decisions while the other agent acts alone is not being kept informed. They are being bypassed. Those are different situations with different remedies.
If your co-agent is acting without you or refusing to act at all, call 412-351-4422 or schedule a consultation to understand what authority you have and what the other agent has exceeded.
Three Situations That Look Similar but Are Legally Different
When one co-agent acts alone on a Pennsylvania power of attorney that requires joint action, every transaction executed without the other agent’s participation is unauthorized.
Before identifying the remedy, the situation must be correctly classified. The three most common co-agent conflicts in Pennsylvania each have different legal consequences and different remedies. The first is unilateral action: one co-agent is acting alone, executing transactions, managing accounts, and making decisions without the other co-agent’s participation or signature. When joint action is required, every one of those transactions is unauthorized. The second is deadlock: both co-agents are named, joint action is required, and neither will cooperate with the other — so nothing gets done and the principal suffers from inaction. The third is successor confusion: the caller believes they are a co-agent but the document actually names them as a successor agent, meaning their authority does not begin until the primary agent is unable or unwilling to serve. That is a different situation with different rules entirely.
Identifying which situation applies requires reading the document. The distinction between co-agent and successor agent is in the language: “I appoint A and B as my agents” names co-agents. “I appoint A as my agent, and if A is unable or unwilling to serve, I appoint B” names a successor. A caller who believes they have been named co-agent but cannot locate the document or has not read it carefully may be in a different legal position than they assume. The document controls.
When One Co-Agent Acts Alone: What Is Unauthorized and What Can Be Done
When a Pennsylvania POA requires joint action and one co-agent acts unilaterally, each unauthorized transaction creates potential liability for that agent. The agent who acted alone may be required to account for every transaction to the principal, to the other co-agent, or to a court. Under 20 Pa.C.S. § 5612, an agent who acts in bad faith or outside the scope of their authority is liable to the principal for damages. A co-agent who acted unilaterally and transferred funds to themselves has compounded an authority problem with a theft problem.
The locked-out co-agent’s remedies include: a formal written demand to the acting agent for a full accounting of all transactions, a petition to the court to suspend or revoke the acting agent’s authority, and a civil claim for recovery of funds improperly transferred. The petition route goes to the Court of Common Pleas — not Orphans’ Court unless the principal has died or the matter involves the estate. While the principal is alive, POA disputes are civil matters. The co-agent seeking relief files in civil court, seeks an injunction against further unauthorized transactions, and requests an accounting. A court that finds unauthorized transactions may order the acting agent to restore the funds and may revoke their authority entirely.
The Deadlock: When Neither Co-Agent Will Cooperate
The deadlock scenario is harder to resolve than unauthorized action. When joint action is required and one co-agent refuses to participate, nothing can be done under the POA without court intervention. Bills go unpaid. Medical decisions stall. Financial management stops. The principal, who is typically incapacitated at this point, suffers from the inaction of the very mechanism created to protect them. The deadlock cannot be broken by one co-agent acting unilaterally — that just converts the deadlock into an unauthorized action problem.
The remedy for a genuine deadlock is often a guardianship petition. When co-agents cannot agree and the principal cannot break the deadlock by revoking the POA and naming a new agent, a family member or other interested party may petition the court to appoint a guardian of the estate who supersedes the POA entirely. The guardian has court-supervised authority to act without the co-agents’ cooperation. Guardianship is slower and more expensive than a functioning POA, but it resolves a deadlock that the document itself cannot. For a full overview of guardianship in Allegheny County, see our page on Allegheny County Orphans’ Court procedures.
While the Principal Is Still Competent: The Cleanest Fix
If the principal still has capacity, the co-agent conflict has a simple resolution: the principal revokes the existing POA and executes a new one. Under 20 Pa.C.S. § 5604, a principal may revoke a power of attorney at any time while they have capacity. The new POA can name a single agent, change the co-agent structure to allow independent action, remove the problematic co-agent entirely, or name a professional fiduciary instead of a family member. This requires that the principal understands what they are signing and has not been unduly influenced by the co-agent who has been acting unilaterally.
The timing matters. A principal who is declining cognitively may have capacity today but not next month. A co-agent who is aware of the principal’s declining capacity and has been acting unilaterally may resist any attempt to revoke the POA or execute a new one — particularly if they stand to benefit from the existing arrangement. If there is any question about the principal’s capacity or undue influence, the revocation and new execution should happen with an attorney present and a contemporaneous capacity assessment documented.
Co-Agent vs. Successor Agent: The Distinction Most Families Miss
Many families confuse co-agent and successor agent. A co-agent has current, simultaneous authority with the other agent — both are authorized at the same time and must act jointly unless the document says otherwise. A successor agent has no current authority — their authority activates only when the primary agent is unable or unwilling to serve. A document that names “A as agent and B as agent if A cannot serve” creates a primary and successor, not two co-agents. The successor has no authority, no right to information, and no standing to challenge the primary agent’s actions until the triggering event occurs.
A family member who believes they are being excluded as a co-agent may actually be a successor agent with no current standing. Before sending a demand letter or filing a petition, read the document. The language “if A is unable or unwilling to serve” or “upon A’s death, resignation, or incapacity” signals a successor structure. The language “A and B jointly” or “A and B as my agents” signals a co-agent structure. The practical difference is significant: a co-agent has standing to demand an accounting and challenge unauthorized transactions. A successor agent in a primary-successor structure has neither until the primary agent’s authority ends.
What the Document Should Have Said: Prevention Going Forward
Most co-agent conflicts are preventable at the drafting stage. A POA that names co-agents should specify whether they may act independently or must act jointly, what happens if one co-agent is unavailable or refuses to act, whether one co-agent can act in an emergency, and who succeeds if both co-agents are unable to serve. A POA that names one agent with a named successor avoids the deadlock problem entirely while still providing backup coverage. For principals who want family oversight without family conflict, a professional fiduciary or corporate trustee as agent eliminates the sibling dynamic altogether.
Pennsylvania’s power of attorney statute under 20 Pa.C.S. § 5601 et seq. gives principals significant flexibility in structuring agent authority. That flexibility is only useful if the document reflects a deliberate choice rather than a template default. Most co-agent conflicts arise from documents that named two children to avoid appearing to favor one over the other, without addressing what happens when those two children disagree. Estate planning documents require periodic review to ensure they reflect current family dynamics and agent availability. For a full overview of Pennsylvania power of attorney requirements and planning, see our page on power of attorney in Pennsylvania.
The same joint-action default that applies to co-agents under a power of attorney applies to co-executors named in a will. How Pennsylvania handles co-executor disputes, renunciation, and deadlock after death is covered at co-executors in Pennsylvania.
Frequently Asked Questions
Can one co-agent act alone under a Pennsylvania power of attorney?
Only if the power of attorney document specifically provides that co-agents may act independently. Under 20 Pa.C.S. § 5601.3(b), the default when co-agents are named and the document is silent is joint action — both agents must act together. A co-agent who acts alone when the document requires joint action is acting without authority for each transaction executed without the other agent’s participation.
What can I do if my co-agent is acting without me?
If the POA requires joint action and your co-agent is acting unilaterally, your options include: sending a formal written demand for an accounting of all transactions, petitioning the Court of Common Pleas to suspend or revoke the acting agent’s authority, and seeking recovery of any funds improperly transferred. The petition route requires filing in civil court — not Orphans’ Court — while the principal is alive. If the principal still has capacity, the cleanest resolution is revocation of the existing POA and execution of a new one.
What is the difference between a co-agent and a successor agent?
A co-agent has current, simultaneous authority with the other agent — both are authorized at the same time and must generally act jointly. A successor agent has no current authority — their authority activates only when the primary agent is unable or unwilling to serve. The distinction is in the document language: “A and B as my agents” typically creates co-agents. “A as my agent, and if A cannot serve, B” creates a primary and successor. A successor agent has no standing to challenge the primary agent’s actions until the triggering event occurs.
What happens when co-agents deadlock and neither will cooperate?
When co-agents cannot agree and joint action is required, nothing can be done under the POA without court intervention. If the principal still has capacity, they may revoke the POA and execute a new one naming a single agent. If the principal lacks capacity and cannot break the deadlock, a family member or interested party may petition the court to appoint a guardian of the estate who supersedes the POA entirely. Guardianship is slower and more expensive than a functioning POA but resolves a deadlock the document itself cannot.
Can a co-agent be removed in Pennsylvania?
Yes. While the principal has capacity, they may revoke the POA and remove the co-agent entirely under 20 Pa.C.S. § 5604. After the principal loses capacity, the other co-agent or an interested family member may petition the court to suspend or revoke the problematic agent’s authority based on breach of fiduciary duty, unauthorized transactions, or other misconduct. The court may also appoint a guardian to supersede both agents if the conflict has rendered the POA unworkable.
Is a co-agent liable for what the other agent does without them?
Generally no. Under 20 Pa.C.S. § 5601.3(c), a co-agent is not liable for the actions of the other co-agent unless they participated in or concealed the breach, or failed to take reasonable steps to remedy a breach they knew about. A co-agent who is being excluded and takes prompt action to report the unauthorized conduct and seek court intervention is in a different position than one who knew about the unauthorized transactions and said nothing.
What should a power of attorney say to prevent co-agent conflicts?
A well-drafted POA naming co-agents should specify whether they may act independently or must act jointly, what happens if one co-agent is unavailable or refuses to act, whether one co-agent may act alone in an emergency, and who succeeds if both are unable to serve. Alternatively, naming one primary agent with a named successor eliminates the deadlock problem entirely. Most co-agent conflicts arise from documents that named two children without addressing what happens when they disagree.
For a full overview of powers of attorney in Pennsylvania, visit our Power of Attorney page.
Lebovitz & Lebovitz, P.A. · Based in Pittsburgh, Pennsylvania, near the Parkway East (Swissvale-Edgewood exit). Serving Allegheny County and southwestern Pennsylvania.