Legal Question in Wills and Trusts in Minnesota
Different Power of Attorney's on File
I am power of attorney for my mother and the durable POA was drafted and notarized in August 2008; there is no end date and she has not revoked my POA. Her husband/my father passed away last week and my parents had individual Wills, with my mother and brother co-representative�s on our father�s Will. Upon calling the attorneys office, I was told that there is another power of attorney on file which was drafted January 2009 and there is a good chance that my father was listed as POA in January 2009 for my Mom. Which POA is valid? If my father was POA and he has now passed, is my POA valid? And IF the January 2009 POA lists one of my other siblings [and not my father] will that 2009 POA void my earlier 2008 POA?
3 Answers from Attorneys
Re: Different Power of Attorney's on File
You can seek a restraining order for harassment that precludes the neighbor from communicating with you and your family. However, there is no way to stop the neighbor from communicating with other neighbors, using his property, standing or talking to himself in public or even looking at you or your family. I am afraid the law only goes so far.
Re: Different Power of Attorney's on File
Ignore that last response. It apparently posted to the wrong question.
Re: Different Power of Attorney's on File
Power of Attorneys don't void each other. You can have as many "Attorneys in Fact" as you wish. You can designate more than one on one Power of Attorney or designate them through separate Power of Attorney documents. Your Power of Attorney will be valid unless or until it is revoked. However, keep in mind that if a Guardian or Conservator is appointed the appointment could void your Power of Attorney as well. So to answer your question, your POA should be valid whether your father or a sibling was listed on this other form.
Tim Stone
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