Hi, just wanted to add my two cents. Please check your state's laws. Here in Texas I found out that a POA becomes null and void once that person is deceased. As my honey and I were not married (even common law) once he passed away, his brother had to step in as legally I could not make any decisions for my honey as far as his cremation etc. (hope this makes sense).
You might need to ask a lawyer. Under what circumstances was the POA filed with the county clerk? Was the person deemed incompetent? If so, then how could the person have been considered legally competent to sign a new, more recent POA?
Someone who is legally competent can choose to change their POA at any time. The most recent POA is the usually the valid one for a person who can still make their own decisions.
I don't like the one typed signed and notarized. I believe in going to a lawyer for this. In my state they don't have to be filed with the County Clerk but I like that idea. Then its public info.
I go with the newest one but it should say the first is null and void. Is the lawyer still around who drew up the first one? Second one may not be legal. I think asking a lawyer would be your best bet.
The only reason it wouldn't be is if there is a problem with its validity. It doesn't sound like there is, but is somebody challenging it on those grounds?
Well the most recent doc probably says something about how it makes the old one null and void. Does the new one list the same person as POA? Is there a conflict? We are advised to update legal documents. Some institutions will not accept older POAs. However, your bio indicates that your mom has Alz. Is the POA in question for her or someone else? If it is for her there is the question of whether or not she was competent at the time the recent one was signed. Hope this helps.
Mom was competent for both. The newer one has current husband and myself as POA’s. Previous list other family members. No one is contesting just wanted to make sure that I didn’t have to disclose the previous one especially since it is on file with county clerks office. Attny who did the first one has retired.
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Just wanted to give y'all a heads up.
We were told that filing with the county clerk is an option but not a requirement.
If you foresee issues you would be safer filing the new one.
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Someone who is legally competent can choose to change their POA at any time. The most recent POA is the usually the valid one for a person who can still make their own decisions.
I go with the newest one but it should say the first is null and void. Is the lawyer still around who drew up the first one? Second one may not be legal. I think asking a lawyer would be your best bet.
The only reason it wouldn't be is if there is a problem with its validity. It doesn't sound like there is, but is somebody challenging it on those grounds?
We are advised to update legal documents. Some institutions will not accept older POAs.
However, your bio indicates that your mom has Alz. Is the POA in question for her or someone else? If it is for her there is the question of whether or not she was competent at the time the recent one was signed.
Hope this helps.