2 Powers of attorney

[vfowler1]

Alabama

My Mother had a Durable power of attorney done naming me as agent in July of 2012. It was registered at the local courthouse. I had to put my Mother in an assisted living in April 2013 mainly for dementia. Around December of 2013 my sister started ransacking my Mothers house and found a POA that was dated in 1991. There was one for my Father (My Fathers was in some papers my Mother gave me just after she did my POA) and one for my Mother (that was in a sock drawer or something at my Mothers home). They named my Sister as agent. Neither was ever given to my Sister and I know that my Mother did not want it used. As I said she found it in my Mothers belongings sometime in December. My Sister has since started taking everything from my Mothers home. I have changed locks twice and she has broken in and replaced my changed locks with her own. I called the local police department and they said they could do nothing that it was a civil matter (My Sister told them that she has POA and that mine was invalid). If my Sister found the POA rather than it being given to her by my Mother make it invalid? What can I do?

 

[TheGeekess]

Alabama

My Mother had a Durable power of attorney done naming me as agent in July of 2012. It was registered at the local courthouse. I had to put my Mother in an assisted living in April 2013 mainly for dementia. Around December of 2013 my sister started ransacking my Mothers house and found a POA that was dated in 1991. There was one for my Father (My Fathers was in some papers my Mother gave me just after she did my POA) and one for my Mother (that was in a sock drawer or something at my Mothers home). They named my Sister as agent. Neither was ever given to my Sister and I know that my Mother did not want it used. As I said she found it in my Mothers belongings sometime in December. My Sister has since started taking everything from my Mothers home. I have changed locks twice and she has broken in and replaced my changed locks with her own. I called the local police department and they said they could do nothing that it was a civil matter (My Sister told them that she has POA and that mine was invalid). If my Sister found the POA rather than it being given to her by my Mother make it invalid? What can I do?

The last POA is going to be the valid one.
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/165391.htm

 

[anteater]

The last POA is going to be the valid one.
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/165391.htm

I'm reading through the statutes, Geekess, and I am failing to find anything that would automatically revoke the first POA.

 

[justalayman]

Generally there can be multiple poa's. The creation of one generally doesn't terminate an existing one.


With that said, a poa does not allow one to steal from the principals estate. In fact, it generally implies just the opposite.

If sis is stealing and the cops won't do anything, you need to seek a conservatorship of moms estate so you have the legal right to control her estate.

 

[TheGeekess]

Was the '91 document signed/notarized? Was it filed with the court like the POA filed in '12?

http://www.americanbar.org/content/dam/aba/multimedia/young_lawyers/50_state_survey_of_estate_planning_law.authcheckdam.pdf
http://www.alabamalegalhelp.org/resource/powers-of-attorney

Law schools usually offer clinics for free help, to train the law students.

Here's a link to UA's School of Law Clinics:
http://www.law.ua.edu/clinics/

Samford University also has Cumberland School of Law:
http://cumberland.samford.edu/

Then, there's the Birmingham School of Law:
http://www.bsol.com/

Here's a number for the Miles Law School; No information on their website if they offer clinics or such, but the worst they can do is tell you no.
205-923-7739

 

[anteater]

Was the '91 document signed/notarized? Was it filed with the court like the POA filed in '12?

There isn't a requirement that the POA be filed with the court. And I'm not certain that the statutes actually require that it be notarized.

Since OP's mother is suffering from dementia, one potential means of attacking the 1991 POA might be to look into durability. Does the POA specify that it is durable? And what was the statutory presumption regarding durability in 1991? Durability as the default presumption is a fairly recent trend.


And then... Does the most recent POA contain any language revoking prior POA's?

 

[vfowler1]

The one my sister has is durable. But as I said, it was never given to my Sister by my Mother to act on. My sister found it hidden at my Mothers house. The one that my Mother did for me is durable, there is a paragraph that says that all previous POAs are revoked. While both POAs were notarized, The one I have was registered with the probate office.

Thanks

 

[justalayman]

If yours says all previous poa's are revoked then your sister's is void. Now it's up to you to act and that is going to require the involvement of a court.

 

[anteater]

I would suggest, as an inexpensive first step, that you send a letter (certified, return receipt, and all) to your sister informing her that the POA granted to you revokes all previous POA's and, therefore, she has no authority to act upon her POA. Even better if you can get an attorney to write the letter.

This may or may not stop her. But, at least, you can produce evidence that your sister was notified if you have to proceed further.