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If Someone Has Two Different POA Forms, Which One Is Valid?

  • May 29th, 2015
If a person has two power of attorney (POA) forms dated at different times to two different people and neither has anything in it regarding voiding the prior POA, is the more recent one valid? Both were drawn up by an attorney. 

If neither power of attorney has been revoked, either by a separate “revocation of power of attorney” form or through language in the new power of attorney, then both powers of attorney may be active, which can cause problems. The best way to revoke a power of attorney is to do it in writing and include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney. You should also specify the date the original power of attorney was executed and the person selected as your agent. Sign the document and send it to your old agent as well as any institutions or agencies that have a copy of the power of attorney. It is important to make sure the revocation is clear. You will also need to get the old power of attorney back from your agent. If you can't get it back, send the agent a certified letter, stating that the power of attorney has been revoked. We strongly suggest you consult with an elder law attorney. Here is a directory of attorneys: http://www.elderlawanswers.com/elder-law-attorneys

For more information on revoking a power of attorney, click here

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Last Modified: 05/29/2015

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