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Does the latest Durable Power of Attorney override another persons and does it have to be recorded as well as notarized?

Denton, TX |

A seriously ill person has Durable Power of Attorney for his mother who is now seriously ill. Can his brother get a Durable Power of Attorney over the Mother since the brother is ill without having it recorded or notarized or the brother's approval?

Thanks, but doesn't it have to be recorded at the court house to be enforced? There is real property to be sold.

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Attorney answers 1


Yes, and because it is dated later, it should prevail.

Good luck.

I don't practice in your state, so check with a local attorney as well.

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