Legal Question in Elder Law in Pennsylvania

Power of attorney-can 2 siblings claim to have poa on their father?

I recently was appointed POA over my father.My sister now claims she also has POA on our father. Does one negate the other? She lives in NY. My father resides with me in Pa.

Asked on 3/27/03, 1:01 am

1 Answer from Attorneys

Maura Yarbrough Maura L. Yarbrough, Attorney at Law

Re: Power of attorney-can 2 siblings claim to have poa on their father?

The short answer is this that yes 2 indivudals can have power of attorney. A have a similar case that I am working on right now. It is possible to have a durable power of attorney that gives broad powers or a limited power of attorney that gives only a few powers to the agent. I would have to look at the power of attorney docuents to know what you are dealing with.

Normally, the last dated power of attorney is deemd to be the one in control. Often POAs have language in them that state that they revoke all prior POAs.

Did your father revoke either POA? In order to avoid problmes in the future your father should consider drafting a new POA naming either you or your sister or both of you as POA. The doucment should state that he revoe all prior POAS and list the dates of the prior POAs. The prior POAS should then be distroyed.

Should you have any further questions or need any assistanc with this matter please contact me.

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Answered on 3/27/03, 8:30 am

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