Can multiple powers of attorney be in effect at the same time?

My father-in-law designated my husband as POA for medical/financial 7 years ago. Then 4 years later he issued a new POA designation for a younger brother and older sister, without revoking the prior POA. As recently as last month, he verbally confirmed my husband’s POA designation. Now a medical crisis has arrived and the younger brother lives 600 miles away with insufficient funds to travel and the sister has limited time resources. Is the former POA designation still valid or was it invalidated by the newer one? Father-in-law has been in early stages of frontal lobe dementia for the last 4 years.

Asked on October 18, 2011 under Estate Planning, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If there are multiple powers of attorney signed by your father-in-law signed at different times, unless the subsequent power of attorney signed by him expressly revoked any prior powers of attorney then all powers of attorney remain in effect.

The only exception to the above explanation would be if the first power of attorney was somehow revoked by some document signed by your father-in-law separate and apart from the second power of attorney signed by him.

From what you have written, the power of attorney given to your husband may be valid unless it has been expressly revoked in some document signed by your father-in-law.

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