Legal Question in Wills and Trusts in New Jersey
power of attorny
i,v been my moms power of attorney and her caretaker we live together she recently went into the hospital with some illnesses i received a call today from my sister who said my mom signed papers and had them notarized in the hospital making her power of attoney can this happen i was only gone from the hospital fro a few hours and this took place without my being there i know my mom was not in her right mind for a few days now with medication and all is this legal cb nj
2 Answers from Attorneys
Re: power of attorny
Normally, signing a new power of attorney revokes any prior power of attorney that may have been signed previously.
This situation sounds like a real problem is brewing. If you and your sister are going to be fighting over who is named as attorney in fact, my suggestion is that you may want to have a guardian appointed for your mother by the court. That will end the dispute over who has authority to act for her.
Another alternative would be for you and your sister to be named jointly under a new POA....but I'm not sure you will be able to work together if you are fighting each other.
Re: power of attorny
As a general matter, more than one person can have a power of attorney for another individual. However, for a person to name another as thier attorney-in-fact (the holder of the power of attorney), the person executing 9(i.e. "giving" the POA) must have the mental capacity to undertake execution of the power of attorney. Mental capacity is a fact based question that would have to be brought out in the discovery phase of litigation.
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