If my brother and I were designated POA’s by my dad 9 years ago, was it legal for his wife to have had him sign another POA form while we already had one in place?

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If my brother and I were designated POA’s by my dad 9 years ago, was it legal for his wife to have had him sign another POA form while we already had one in place?

He recently passed away and his wife apparently gained power of attorney while he was dying in the nursing home and went through his safety deposit box at his bank. We now have to wait to probate the will to find out if she took anything out of the box.

Asked on February 11, 2015 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is legal: there is no law that states that someone may not replace an earlier POA with a new one, and/or supplement an existing POA may designating additional people as "attorneys in fact" (that's the term for the person(s) given power under a POA).


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