Find Senior Care (City or Zip)
Join Now Log In
H
Hospicevsfamily Asked December 2015

Does new POA override old DPOA powers?

I was a DPOA but now I was replaced by a distant family member. If they are just a POA what does DPOA still have power over?

EXPERT Carol Bradley Bursack, CDSGF Dec 2015
The D means Durable. Most people use POA but still have a durable Power of Attorney. People can assign someone as POA for a limited time over some particular issue, but a durable POA is broad and continues even when the person for whom it's created becomes incapacitated. In most cases, when a new POA is created it replaces the previous one. For legal advice always check with an attorney.
Take care,
Carol

EXPERT K. Gabriel Heiser Dec 2015
You can certainly have multiple powers of attorney, although it may not be a good idea! It's best to revoke prior powers of attorney when a new one is signed. This is why many banks will not recognize a power of attorney that is more than a few years old: for all they know it has been revoked, replaced, etc.

Some states require registration of a power of attorney, some not. You need to check.

DPOA means "durable power of attorney." "Durable" means that the authority given to the agent in the POA continues to be effective even after the incapacity of the "principal" (i.e., the person who signed the document and is giving powers to someone else: to the "agent").

ADVERTISEMENT


chrissybee23 Dec 2015
I have a Durable Power of Attorney for my Dad. If you look in the wording of the document, most have the wording or similar to: "this DPOA or POA is in place of or replacing a previous DPOA or POA." Something in that regard. Sometimes that can vary State to State. My suggestion is if you can look at the document and it does say this and was signed by a Notary or executed by an attorney, it is, in fact, legal and binding. I have experience in the legal system in two different States and there are various differences. I hope this helps.

DebbyDC Dec 2015
Challenging the new POA is costly and difficult. My brother-in-law tricked my mother-in-law into making him POA after she had carefully chosen my husband originally. We had to go to court and have her declared incapacitated in order to invalidate the new POA. It was grueling. We won (and she won as she would have been in very bad hands with my brother in law) but I can't recommend doing this unless it's dire.

dcoach Dec 2015
DPOA = Durable Power of Attorney

Ephesians6vs2 Dec 2015
I'd like to learn the answer to this question, as well.

debdaughter Dec 2015
oldbob, how did you know the POA has to be registered?

pattyann Dec 2015
Every STATE or COUNTY has different LAWS so you MUST ALWAYS check with Your village or county clerks office concerning Family Court or Elderly Laws (check with Surrage Court in Your area also)YOU must be registered in Your Villages.County asa a POA~~ Hope this Helps(Been there done that ,, doing it again with In -laws )

moondance Dec 2015
If I had the $ to go to a lawyer.....I WOULD.....

GardenArtist Dec 2015
Oh, I am so sorry- I misread your post. I thought it read "after" death, rather than until death.

I apologize, and stand corrected.

See All Answers

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter