California | Administrative Law
Legal Question
if you re-do a new power of attorney, does that recind the old one. I live in CA.
Share This On:
Legal Answer
|
Read More Answered By: Bryan Whipple |
Probably not. Just like writing two checks, the powers of attorney will supplement each other in most cases. The earlier power of attorney should be revoked to avoid problems. If each is given to the same attorney-in-fact, however, the later power of attorney is probably effective to modify conflicting provisions in the earlier power of attorney.
Not all powers of attorney work the same, but in general a power of attorney can be revoked by death of the principal, by express notice of revocation or termination to the attorney-in-fact, or by the occurrence of an event set forth in the power of attorney (such as the end of the year).
For termination and revocation provisions see Probate Code sections 4151, 4152 and 4153.
Note that the law makes a distinction between revocation of the power of attorney as a whole and termination of the authority of the attorney-in-fact.
Also, the revocation rules for health care powers of attorney are different - see Probate Code sections 4695 to 4698. With these, a later directive will cancel an earlier directive to the extent of any conflict between them. |
Share This On:
Top Attorneys in CA
Nelson & Lawless
Huntington Beach, CA
Questions Answered: 13885
Last Question Aswered on: 2012-05-25
Bryan R. R. Whipple, Attorney at Law
Tomales, CA
Questions Answered: 12213
Last Question Aswered on: 2012-05-26
Law Offices of Georges H. Shers
Union City, CA
Questions Answered: 6114
Last Question Aswered on: 2012-05-15
www.SelikLaw.com
San Diego And Las Vegas, CA
Questions Answered: 2000
Last Question Aswered on: 2012-05-18
James E. Smith Ltd.
Las Vegas, NV
Questions Answered: 1456
Last Question Aswered on: 2012-05-25
The Law Office of Daniel Bakondi, APLC
San Francisco, CA
Questions Answered: 1146
Last Question Aswered on: 2012-01-03
Donald R. Holben & Associates, APC
San Diego, CA
Questions Answered: 983
Last Question Aswered on: 2006-04-19
Hale Law Group
San Ysidro, CA
Questions Answered: 834
Last Question Aswered on: 2012-05-16
San Diego Law Office
San Diego And Los Angeles, CA
Questions Answered: 593
Last Question Aswered on: 2012-05-23
Donner & Donner
Westlake Village, CA
Questions Answered: 593
Last Question Aswered on: 2012-04-11
Search Questions and Answers