Follow
Share

There is one that most recent, typed, signed and notarized. There is another that is filed with the county clerk office by attny years ago.

Find Care & Housing
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).

Just wanted to give y'all a heads up.
Helpful Answer (0)
Reply to Dusti22
Report

You can always file the new POA with the county clerk. Then if there is a dispute there is proof that it has been updated.

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.
Helpful Answer (0)
Reply to Isthisrealyreal
Report

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.
Helpful Answer (0)
Reply to anonymous594015
Report

New one. You don’t have to disclose any previous one.
Helpful Answer (1)
Reply to Sunflo
Report

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.
Helpful Answer (2)
Reply to JoAnn29
Report

It should be the more recent one.

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?
Helpful Answer (3)
Reply to Countrymouse
Report

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.
Helpful Answer (1)
Reply to 97yroldmom
Report
EDLass Dec 14, 2018
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.
(2)
Report
The new one.
Helpful Answer (2)
Reply to gladimhere
Report

Ask a Question

Subscribe to
Our Newsletter