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  #1  
Old 02-13-2004, 01:48 PM
ithink
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Question

Multiple Power of Attorney For Same Person


What is the name of your state? Florida

Who has power of attorney when a son-in-law was granted power of attorney in 2001, and a son was granted power of attorney in 1997 for a mother who has alzheimer's ?
  #2  
Old 02-13-2004, 01:54 PM
hexeliebe
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I do.

How the hell should we know? In normal conditions the latter would apply however, when did the alzheimer's take affect? How advanced was it during the last POW? Can you prove that BIL's POW is invalid due to incapacity of Mom?

And these are just a few issues. Sooooooooo

You need to be asking an attorney in your area who can look at the case and all documents since we don't have the luxury
  #3  
Old 02-13-2004, 02:34 PM
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And, not all POAs grant the attorney-in-fact the same powers. One POA may allow the conveyance of real estate, for example, and another may not be sufficient for a real estate transaction.

So, potentially, a person could grant more than one limited POA and they MAY not necessarily be contradictory.
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  #4  
Old 02-13-2004, 06:03 PM
ithink
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Mom's alzheimer's started getting worse about the time the sister and brother-in-law 'suggested' to Mom to make brother-in-law Durable POA with all conditions. Son was given Durable POA with all conditions 4 years prior to brother-in-law, when Mom was showing minor near-term memory problems, so should have been more capacitated than 4 years later.
  #5  
Old 02-13-2004, 07:13 PM
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If her physician can document the that Mom was likely very affected by her Alzheimers as of that date, it will be easier for your attorney to challenge the other POA. A person not "of sound mind" can't technically be competent to appoint another as their POA.
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