Power of Attorney
My mother gave me power of attorney over four years ago through a general power of attorney document. The document designated me an attorney-in-fact and that no guardianship proceeding for property be instituted in the event of her disability. Additionally the document stated it is a durable power of attorney and that any court appointment of a guardian will be me. My mother is currently unable to make decisions but I have found out that she gave someone else power of attorney after me. Which document can be legally invoked and shouldn't I have received a notice of revocation? If so and I did not receive notice then what?
1 Answer from Attorneys
Re: Power of Attorney
Your question involves several aspects. The original POA may be overcome by a subsequent granting of a POA. However, the subsequent POA must have been properly effected and there may be challenges in this regard.
The substance of the two POA's is at issue where it is assummed that each was properly adopted. The power granted in each should be reviewed. Where your mother is lucid, another POA may be needed to bestow upon you the power that you seek to annunciate.
If your mother is declared incompetent by two physicians, the language as well as any proof of her intent pertaining to the respective POA's becomes an matter of contest. An attorney's assistance is needed as evidentiary matters come into play.
Where a contest lies, negotiation may resolve the matter. Expert drafting is needed to memorialize any agreement where your mother is deemed legally incapable of effecting a contrary intention.
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