Also known as: coagency · co agency · coagent · co-agent
Written by attorneys · grounded in primary & secondary sources — see below
An arrangement under which two or more persons hold authority to act as agents for a principal under a power of attorney. Each coagent may exercise authority independently unless the instrument requires joint action.
Betty executed a hospital form naming her nurse Erin and the assigned social worker as coagents to manage Continental Clinical billing during incapacity. Caleb later filled the social worker role at the time of execution and throughout Betty's treatment. When Caleb issued billing directives to Vertex Vital, the third party questioned his status, but Erin's confirmation of Betty's intent established that Caleb held coagent authority under the instrument.
Claire prepared a power of attorney form that named only Dorothy as agent for farm operations. In the special instructions section Claire added language designating her cousin Richard as coagent for grain contracts. When Dorothy became unavailable, Richard independently negotiated forward contracts with Swift Harvest, and the third party accepted his authority because the instrument permitted separate exercise of coagent powers.
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A power of attorney may designate coagents by role rather than proper name. Once a person occupies the described role at the time of execution or during incapacity, that person holds coagent authority under the instrument.
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Coagents may exercise authority independently unless the power of attorney expressly requires them to act together. The default rule permits separate action by any coagent.
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A principal may designate additional coagents through special instructions added to the form or by executing a new instrument. The statute expressly contemplates naming coagents beyond the single-agent default form.
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