Durable Power of Attorney

What is the name of your state? What is the name of your state? PENNSYLVANIA

A Durable Power of Attorney document for my mother-in-law reads, KNOW ALL MEN BY THESE PRESENTS, that I, (mother's name), of Johnstown, Cambria County, Pennsylvania, do make, constitute and appoint my daughter, (daughter's name), or my son, (son's name), my true and lawful Agent, for me and in my name, to act in the matters referred to below.

The document goes on to enumerate these powers. The individual POA forms that my husband and his sister have signed are identical. Our question is whether his sister has primary power of attorney and my husband only has power of attorney if she is unable or unavailable or whether they have equal power of attorney.

My sister-in-law has assumed all responsibility for my mother-in-law's finances and is attempting to make all decisions regarding my mother-in-law's welfare upon the recent death of my father-in-law. My mother-in-law suffers from moderate dementia and requires 24-hour supervision.

Without reading the FULL document, it is impossible to say for sure, but if the "or" is used it often means they BOTH have EQUAL authority to act. It's what else is there that may control. Also, if she has lost competence, and the POA is not DURABLE, then it may have lapsed.....


If they can not agree, or if it has lapsed, it may make sense to seek a conservatorship. Or family counselling - which may be a lot cheaper and lead to less strained relations.

Seems like poor planning to me. She probably meant them to be successively powered, in other words, one after the other (a substitute in case the first one couldn't serve), but if possible, you need to take the document back to her and ask HER to appoint just one person with power of attorney to avoid the problem of making "joint" decisions.

DANDY DON