If there are 2 POA’s for the same person, which one controls?

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If there are 2 POA’s for the same person, which one controls?

My mother has dementia. I had an irrevocable POA for her health and another for financials before she started treatment. My sister turned around and had a new irrevacable POA drawn up for health and financials. Whose POA is legal and binding?

Asked on February 9, 2013 under Estate Planning, Tennessee

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

POA (Power of Attorney) are never irrevocable as the person who granted the POA retains the power to amend or revoke or establish a new one, unless the person is fully demented. That is the same for Advance Healthcare Directive. So, the last executed POA or Healthcare directive is effective and controls NOT the prior documents, assuming your mother had presence of mind and was lucid and capable of understanding the documents she was signing and their legal effect.


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