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SusanL80 Asked September 2018

Does a new power of attorney make the initial one void?

Mom drew up a PA many years ago when my dad was alive giving my sister and I joint power of attorney agents for her. Once my mom needed care, my sister took her to a lawyer and got another one with only her as PA, and mom was beginning to be very forgetful and some confusion. Does that new PA make the initial one void?

Midkid58 Sep 2018
Yep. If the lawyer felt she was not capable of making that decision due to incompetence, he is bound by law to have her complete a competency test.

POA's change hands like crazy. Esp as time, relationships, emotional issues crop up.

Sorry sis is being this way. Did y'all have a falling out? In honesty, people generally DO NOT understand the role of POA.

PLus which, it is a pain and a half.

If you have issues with sis doing this (and admitedly it was kind of sneaky) TALK to her.

Sunnygirl1 Sep 2018
I'd discuss it with an attorney in your jurisdiction. Normally, the new one will say that old POAs are revoked and the new one stands, however, the new one would only be valid if the person was competent to make it. So, it would depend if she was competent. The attorney who drafted should have inquired. I'd check with a different attorney to find out your options, if you have doubts or problems with it.

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gladimhere Sep 2018
Yes, unless there was coercion involved. Then that would be a legal battle.

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