otorgar poderes solidarios o mancomunados a favor de empleados de...

11:01 Oct 20, 2017 

I managed to get the heading to my first post wrong: I meant to put "Several or joint and several?". I've changed it. I'm clearly losing my marbles.

10:57 Oct 20, 2017 

"Application to joint and joint and several attorneys
13.—(1) An instrument which appoints more than one person to be an attorney cannot create an enduring power unless the attorneys are appointed to act jointly or jointly and severally."
http://www.legislation.gov.uk/nisi/1987/1627/crossheading/su...

There are many more examples. Conversely, it is very difficult to find references to "joint or several" as different kinds of power of attorney (corresponding to mancomunado o solidario). And when the phrase does occur it doesn't necessarily mean that. Look here:

"If an attorney dies on a 'joint or several' power of attorney, or they are the sole attorney, we remove their name from the account. If the authority is 'joint or several', the remaining attorney may continue to act."
https://www.coventrybuildingsociety.co.uk/consumer/help/savi...

Here "joint or several" is clearly being used to refer to a "joint and several" PoA: the solidario kind. So if we use "joint or several" to translate "solidarios o mancomunados", there is a real risk that it will be understood to mean just "solidarios".

10:49 Oct 20, 2017 

In principle, a PoA that confers powers on the attorneys to act separately could be called a "several PoA" in which the attorneys are empowered to act "severally". But my research supports what Robert has said: they are virtually never described as such; such PoAs are virtually always called "joint and several" and the attorneys are empowered by them to act "jointly and severally". Whether "jointly" is strictly redundant here is a legal question I'm not qualified to answer. Might it be that "severally" alone would empower them to act separately but not together (which will virtually never be the intention)? I don't know. But the fact is that "joint or joint and several", redundant or not, is common:

"Where multiple attorneys are appointed the power can be joint or joint and several and this must be clearly prescribed in the deed."
https://www.tax.org.uk/system/files_force/file_uploads/Power...

(continued)

22:23 Oct 19, 2017 

I'm not saying they don't exist; I'm arguing that fact doesn't necessarily apply to this circumstance. My argument is that jointly or severally exists as a known phrase and is better used in this context due to all the other references and arguments I have provided. Its existence makes the sentence "jointly or jointly and severally" redundant: it is enough to state "jointly or severally" regarding the granting of rights.

22:10 Oct 19, 2017 

At least one of your references certainly supports my suggestion, i.e., that they are two distinct types of POA that are called "joint" and "joint and several". That last link contains this passage:

Joint attorneys
If you appoint more than one attorney, you should indicate whether the attorneys are to act jointly or jointly and severally. Attorneys who are appointed jointly are only able to act and make decisions together.
Attorneys who are appointed jointly and severally (ie together or separately) are able to act and make decisions independently of each other.
https://www.legislation.nsw.gov.au/regulations/2013-531.pdf

21:55 Oct 19, 2017 

Here is an example of power of attorney existing jointly OR separately. There are many more references if you google the quoted term.<p><p>

https://goo.gl/PDviNm
<p>http://betarlawyers.com.au/site/powers-of-attorney Here is the indication from a lawyer's office of severally on its own
<p>https://goo.gl/chdH8J regarding the ownership of joint or several rights
<p>https://goo.gl/bV3Vhz the giving of joint or several powers
<p>https://www.legislation.nsw.gov.au/regulations/2013-531.pdf beginning of page 5 (this is also a good source of seeing "jointly AND severally" co-existing with "jointly OR severally")

21:02 Oct 19, 2017 

"Severally" does of course exist as a concept in its own right, but I haven't seen any instances of a "several POA" on its own, it's always a "joint and several POA".

As you yourself said below:

"mancomunada = jointly
solidaria = jointly and severally

I don't think this is in dispute."

poder mancomunado
Poder notarial concedido a dos o más personas de forma que para poder ser utilizado se necesita la firma de dos (generalmente) de ellas. Se utiliza sobre todo en la Administración, en bancos, y en puestos intermedios de empresas privadas. Se opone al poder solidario en el que se autoriza a una persona a actuar independientemente y que es más utilizado por los altos cargos de empresas privadas.
http://www.diclib.com/cgi-bin/d1.cgi?l=es&base=alkonaeconomi...

If you’re not the only attorney
Check the LPA. It will tell you whether you must make decisions:

‘jointly’ - this means all the attorneys must agree
‘jointly and severally’ - this means you can make decisions together or on your own
The LPA may tell you to make some decisions ‘jointly’ and others ‘jointly and severally’.
https://www.gov.uk/lasting-power-attorney-duties

19:11 Oct 19, 2017 

This phrase is not the same as the phrase in the next question you posted (conjunta o mancomunadamente). Here, they have different meanings; in the next question, they are synonymous.