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Code · Delaware · Title 12 — Decedents' Estates and Fiduciary Relations · Subchapter I. General Provisions

§ 49A-111. Concurrent agents, joint agents, and successor agents.

411 words·~2 min read·/de/title-12/subchapter-i-general-provisions/49a-111·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A principal may designate 2 or more persons to act as concurrent agents. Each concurrent agent may exercise its authority independently.
(b)A principal may designate 2 or more persons to act as joint agents. No joint agent shall have the power to act without the agreement of all other joint agents and shall have no power to act independent of the other agent.
(c)If the principal designates more than 1 agent and does not specify that they are concurrent agents or joint agents, such agents shall be considered concurrent agents.
(d)A principal may designate 1 or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. Unless the personal power of attorney otherwise provides, a successor agent:
(1)Has the same authority as that granted to the original agent; and
(2)May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(e)A principal may give an appointed agent or another person designated by name, office or function the authority to designate by a writing executed by such person, 1 or more concurrent, joint, or successor agents in addition to those designated in the personal power of attorney. Unless the personal power of attorney authorizing the appointment of such further agents otherwise provides, a concurrent, joint, or successor agent appointed by this method:
(1)Has the same authority as that granted to the original agent; and
(2)May not act until the predecessor designee has resigned, died, become incapacitated, is no longer qualified to serve, or has declined to serve.
(f)Except as otherwise provided in the personal power of attorney and subsection
(g)of this section, an acting agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(g)An acting agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
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