Durable Power of Attorney
My mother made out a durable power of attorney in 1997 to my father and then in case of his death, it went to my sister. Then upon the death of my father in 2000, my mother made another new durable power of attorney to me, her son, at which time, my sister didn't want anything to do with power of attorney anymore. So which one is valid and legal? Or are they both valid and legal?
We need to know who has the DPOA. Both of them are filed in the county Clerk's office.
P.S. I have the new power of attorney document but I don't have a revocation document and don't think one was ever made. Do I need one or does the new DPOA supersede the old one? Please help!
1 Answer from Attorneys
Re: Durable Power of Attorney
The power of attorney given to you in 2000 will control over the 1997 power of attorney. If your sister does not want to be mom's attorney-in-fact, she is not required to be.
I'm not sure I understand what the problem is. Just use your current power-of-attorney for mom's benefit - who is objecting?
Good luck.
Rick Bryan
New York, NY
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