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slick7767 Asked April 2012

Does a more recent Power of Attorney void an older one ?

My sister-in-law was appointed power-of-attorney for my mother- in-law. Since then , she has refused to assist in her care in any way and has only seen her twice for a couple of hours in the last two years. my mother-in-law is deaf , blind , and can no longer walk at all and has final stages of dementia. In addition she has lost control of bodily functions , having to be fed and bathed and speaks very seldom. She lives with my wife and I full time.

jeannegibbs Apr 2012
The obstacle is not that there is an older POA in place -- it is that MIL may not be competent to sign a new one. Did the original provide for an alternate, in the event the original could not perform the duties?

3pinkroses Apr 2012
As far as my experience has taught me. New. revised POA's supercede existing ones. But the elderly person has to be found competent to sign it. You mentioned your mother-in-law is in final stages of dementia; so this would make her incompetent to sign a legal document. Think you would have to consult an attorney on this one.

Bless you for your care taking and hope things work out. Take care.

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