Also known as: coagent · co-agents · coagents · co agent
Written by attorneys — see sources below.
An agent who shares authority to act for a principal with one or more other agents. Each coagent may exercise authority independently unless the instrument creating the agency requires joint action.
Corinne Cho executed a durable power of attorney naming her two adult children as agents to manage her investment accounts during her upcoming medical treatment. The document expressly stated that either child could issue trading instructions without the other's signature. When one child directed the sale of certain securities, the brokerage accepted the order because the appointment created parallel authority for both agents.
Christian Coleman completed the statutory power of attorney form and used the special instructions section to add his business partner as a second agent for real estate matters. The instructions did not require both agents to act together. The partner later executed a lease on Coleman's behalf, and the landlord treated the signature as valid under the coagent designation.
A coagent receives authority directly from the principal and reports to the principal. A subagent receives authority from another agent and that appointing agent remains primarily responsible to the principal for the subagent's conduct.
No. Unless the power of attorney provides otherwise, each coagent may exercise authority independently.
Supporting sources
The statute requires only that authority be granted to a person. Designation by role satisfies the definition when the individual holding that role at the time of execution and during incapacity matches the description.
Supporting sources