Can I get another power of attorney signed for my parent that will void the pervious one?

2 answers | Last updated: Sep 20, 2016
Mateo asked...

If a sibling has already persuaded a parent into signing a power of attorney, can I get another power of attorney signed that will void the previous one?

Expert Answers

Barbara Repa, a senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

You might be able to do this. Under most state laws, the power of attorney that is completed and signed most recently cancels out any previous document. You might also be able to contest the earlier document if you can

It is not clear why you want the POA voided, but it may also be necessary to address another issue that may be bubbling below the surface"”that is, a possible war between the siblings that can't be quieted by any legal document.

Keep in mind this reality: Your parent's power of attorney should reflect your parent's will and wishes"”not your sibling's urgings or your own desires. Conflicts and quibbles may only lead to more stress for all concerned. There may be a way to divide up caregiving duties"”say, by having one sibling take over responsibility for finances; the other helping to manage medical care.

If a parent is unable to express personal wishes, and the siblings disagree about the best way to proceed, it is sometimes easier for a trusted third person to take over the duties of supervising finances or medical care"”either as an agent in a power of attorney or as an adult guardian or conservator.

Community Answers

A fellow caregiver answered...

This happened to my father. He had a Will in place and went to stay with an ex g/f who convinced him to take his kids out of the Will and give her sole POA, which in the previous Will was me, his daughter. We took his original Will, made before his diagnosis of Alzheimer's and changed it into an IRREVOCABLE TRUST. The ex g/f immediately refused to take him back and care for him, but that was not a problem as I was already prepared to do so.
So IF a Will is changed to an IRREVOCABLE TRUST than will not this take precedence over the Will drawn up by the ex g/f? I believe we have succeeded in changing the POA to be me, and I do not think she has any recourse over this. She has said she will sue us all when he dies (my three brothers and me), but I do not think she has a leg to stand on here. PLEASE advice me if I am correct on this. The attorney who originally wrote his Will and later wrote this up as an Irrevocable Trust, has said she does not have recourse. I am hoping this is true. I truly do not want to deal with her after he passes. Thank you in advance for your answer to this. I brought it up because you did not mentions this in your article above.