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If two people has power of attorney , whose Power of attorney considering more powerful?

Chicago, IL |

My mom got Power of attorney in March 2013 over her very close friend which she was in relationship for 12 years. He has dementia, but at the time of signing documents in the office of attorney he was lucid and understood what he was doing. his daughter came in May 2013 and sighed her power of attorney and then put him in nursing home and left abroad. whose Power of attorney considering more "powerful" and can his daughters Power of attorney be revoked?

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Posted

Your situation requires that you consult in person with an elder law/probate attorney who can gather all of the facts that are necessary to answer your question.

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Posted

You question is not entirely clear. The principal (her close friend) is the one who would appoint an attorney in fact. If, while competent, he signed another power of attorney, the older power of attorney is revoked. The daughter could not name herself as attorney in fact, the principal would need to do so.

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Posted

Generally a power of attorney revokes prior POAs by its terms. So the second POA probably revoked the first if valid.

This sounds like a situation where a guardianship/elder law attorney should be retained.

Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.

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Posted

I suggest using your Power of Attorney to obtain a copy of the daughter's Power of Attorney from the facility. Read it to see if it expressly states that it revokes all previous Powers of Attorney. If it does not, you might still be able to act using your Power of Attorney.

In reading my answer to your question, you agree that there is no attorney-client relationship between us. I do not warrant my answer to be correct or complete . This communication is for informative purposes only and you agree not to rely on it and will instead seek advice from your own attorney before making any important decision.

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