AKAlicious Asked August 2013
Who has POA in between changes?
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For the legal eagles out there...All parties are in NY state: sibling B has the old power of attorney. Mom wanted to change it to a joint POA between siblings A and B (to act together, not independently). The new POA (which revokes all prior POAs) was completed by Mom and A, and sent to B, who is not completing/returning it (he must sign/notarize it). So does the old POA rule if he doesn't complete it--does B essentially have an incentive not to complete it (he is a control freak)? Mom plans to complete a new POA without B if he refuses to complete it but she is dragging her heels and I am worried about her (you know, the what ifs...). I'd appreciate feedback if anyone knows anything about this.
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notrydoyoda Aug 2013
Ask the atty who wrote up the new POA. Maybe things are different in your state, but here in NC the grantee of the POA names the POA(s) and signs it before a notary. When my mother did this for both durable and medical POA that she gave to me, I did not sign anything.
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AKAlicious Aug 2013
In NY the agents and the principal must sign. From what I have found so far, the new POA is not effective until _both_ agents sign it, which means that the revocation of prior POAs contained in the new one, would not yet be effective. Therefore the old POA is still effective (at least if using NY state forms). So bad news for my Mom, but hopefully that info helps someone else!
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