Legal Question in Family Law in Virginia

power of attorney

Can a mother,after legally appointing one daughter as power of attorney, transfer power of attorney to another daughter without having to prove in court that initially appointed daughter is incompetent or untrustworthy, and/or could there be two p.o.a.'s appointed with one having more control than the other?


Asked on 1/07/08, 9:07 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: power of attorney

No, the issuer(the mother) of the Power of Attorney (POA) may withdraw it at any time from the her daughter to whom it was originally given and confer it upon another daughter for any reason which she chooses, and without the involvement or approval of any court(assuming that the mother is mentally competent to do so.)

And the mother would also be well advised to forget about the idea of two daughers having two separate POA's, particularly where one has already demonstrated her unfitness for the tasks assigned under the POA already given to her. (This suggested "POA twofer" is really a prescription for a nightmare for all parties who might be involved. Avoid it like the plague.)

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Answered on 1/07/08, 11:02 pm


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