Two of you hold the power, and you do not agree

When more than one person is appointed to act — as attorney under a power of attorney, or as executor of a will — one small piece of wording decides whether you can function, and most families never knew there was a choice to make.

Two people can be appointed "jointly," meaning they must agree and sign together on everything, or "jointly and severally," meaning either can act alone. Joint sounds fairer and more careful. In practice it can be the thing that jams everything, because every single decision needs both signatures — and if the two of you are not close, or one lives elsewhere, or one simply will not engage, nothing can move. A parent's bank, their pension, their care costs, all waiting on a signature you cannot get.

There is a harder edge to it for executors especially. If two executors are appointed jointly and one of them dies, or cannot act, or will not, the other may not be able to act alone either — the estate can seize up even with a willing person standing right there ready to do the work. What was meant to be a fair sharing becomes a lock with no key.

While the person still has capacity, this is fixable. A power of attorney can be remade to say "jointly and severally," or to name one person with the other as a substitute if the first cannot act. That is a conversation for their solicitor, and the question to put plainly is: are we appointed jointly, or jointly and severally, and what happens if one of us cannot act? Once capacity is gone, the document is frozen as written — which is why this is worth checking the moment you realise two names are on it.

This is general information, not legal advice, and the right wording depends on the family and the document. The solicitor who holds the power or the will is the person to get it right.