if someone gives two people power of attorney over them ,who has more legal rights to that ,the persons who is dated first or the persons who is dated most recient/and does it make a difference if it has been filed thru the courts?I need a responce asap please thank you have a good day
2007-07-02 02:06:44 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Unless the grantor revoked one, they both have equal powers.
A person can grant power of attorney to as many people as he wants. The individual powers may have specific limiting conditions.
2007-07-02 03:01:12 · answer #1 · answered by Jack 6 · 0⤊ 1⤋
THe most recent IF the maker can be shown to be of legal capacity. Otherwise, the POA will revert to the previous.
Most people forget that a POA must be made while the issuer is of sound mind and have the ability to enter into such an agreement. It's NOT just the most recent but the most recent that fits the criteria of your state law.
2007-07-02 02:50:40 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
The one that is most recently dated would have precedence over the original, however , in cases of the person giving "power of attorney's" incompetence, this may not apply.
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2007-07-02 02:17:38 · answer #3 · answered by Brotherhood 7 · 0⤊ 0⤋
Most recent usually but person should also have rescinded the other's rights. Also, it depends on the mental status involving the POA and if it was given while the person was within appropriate mental status. A court may have to decide.
2007-07-02 03:37:40 · answer #4 · answered by kyghostchaser2006 3 · 0⤊ 1⤋
I believe that it is the person that was given the POA most recent. At first my grandmother had her son POA over her financial matters and my mom over her medical matters. When she got real sick and we knew that she wasn't going to be with us much longer, she decided to change it so that my mom was over both, considering my grandmother lived near us.
I would recommend that you file the paperwork with your court clerk in whatever county that you live in. That way when the person that originally had the POA over the person cannot come back and say that they still have it.
2007-07-02 02:22:36 · answer #5 · answered by orphan annie 5 · 0⤊ 0⤋
The most recent. Most attorneys will question any POA that is older than 90 days anyway.
2007-07-02 02:10:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The most recent expresses the most up to date desire for the person for who it represents ~~
2007-07-02 02:16:39 · answer #7 · answered by burning brightly 7 · 0⤊ 0⤋
most recent supercedes
2007-07-02 02:10:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋