My mother is married to a man for the past 17 years both she and his daughter have power of attorney. If they disagree, who can choose?

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Scott1958 Asked March 2018

My mother is married to a man for the past 17 years both she and his daughter have power of attorney. If they disagree, who can choose?

He now has Alzheimer's and cancer and is in need of 24 hour care. His daughter is the beneficiary of all money except for the home they are living in. My question is, if both have power of attorney and they both disagree, who will be the one that can choose?

Elder Law Power of Attorney (POA) Spouse

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Scott, how is the Power of Attorney written? Does your Mother have "primary" and her Step-daughter "secondary"? If Mom is primary, then she has full control of all decisions, until your Mom decides she no longer wants to be POA, then it passed over to the Step-daughter.

If the Power of Attorney is written that each has equal POA, then it will be tough if they are not on the same page.

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My mother is married to a man for the past 17 years both she and his daughter have power of attorney. If they disagree, who can choose?

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