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

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 Answer

Barbara Repa, a Caring.com 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.