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

Asked almost 5 years ago - 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?

Additional information

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

Attorney answers (1)

  1. Theodore W. Robinson

    Contributor Level 20

    Answered . 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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