In a co-fiduciary situation, who generally has priority in decision-making?

In a co-fiduciary situation, the conservator with the power of attorney generally holds priority in decision-making. This is because a power of attorney grants specific legal authority to that conservator to act on behalf of the principal, allowing them to make decisions that are binding and recognized legally. This authority typically supersedes other factors, such as personal relationships or experience, since it is a formalized legal instrument that delineates the scope of power and responsibility.

While experience, the initiation of the conservatorship, and personal relationships can influence decision-making dynamics among co-fiduciaries, they do not inherently provide the same legal standing or authority as a power of attorney. Therefore, the one holding the power of attorney is typically in the position to make critical decisions, ensuring that actions are both legitimate and aligned with the principal’s wishes as outlined in the power of attorney document.