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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26684
Experience:  Estate Law Expert
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In July 2000, my mother had her will drawn up, naming me as

Resolved Question:

In July 2000, my mother had her will drawn up, naming me as executor, a Statutory Durable POA prepared, and a Declaration of Guardian form prepared. I was named as executor, POA agent, and guardian, with my brother named as alternate executor, POA
agent, and guardian.

My mother has been diagnosed with dementia. In November 2012, anticipating increasingly reduced mental capacity, we met with an attorney for the preparation
of a Directive to Physicians, a Health Care POA, and (another) Statutory Durable POA naming my brother and me as joint agents. My mother, nor I, remembered her having
almost the same documents prepared in 2000.

QUESTION: Which Statutory Durable POA, the one prepared in 2000 naming me as sole agent or the one prepared in Nov 2000 naming my brother and me as joint agents, would the court consider the legitimate working document ?
Submitted: 8 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 8 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Although it may not make sense, the court would consider both to be in force and legitimate unless they somehow conflicted with one another.

Dwayne B. :

The law allows for more than one POA to be in effect.

Dwayne B. :

If there was a conflict then a judge would have to rule on the issue in order for one to void and they will usually rules the last one in time is effective, all other things being equal.

Customer:

You're right...it doesn't make sense. Last one in time does make sense.

Dwayne B. :

The reasoning is that someone may wish to give additional people a POA and not want to invalidate the earlier ones. If they do want to invalidate it then they can say so in the subsequent POAs.

Customer:

Suppose the first one was the intended one, and 13 years of memory issues clouded that intention, and the new one mistakenly named two sons.

Customer:

Who has more more control of an estate after the owner dies, the executor , or the POA agent?

Dwayne B. :

Is there a question to go with that hypothetical?

Dwayne B. :

As to the question, the POA has no effect after death. The executor would only have power after the probate is opened and the executor appointed by the court.

Customer:

If I am the executor, and my brother and I are joint POA agents, at the time of death the POA ends and the executor handles getting the estate in order. If there was a disagreement as to be ?donated where money should be donated , who has the authority to make the call

Customer:

Last question

Dwayne B. :

Once the executor is appointed by the court the executor would have the authority. The POA has absolutely no meaning as far as handling the estate after death.

Customer:

Thanks G'night

Dwayne B. :

However, the executor also doesn't have the power to interpret the will so if there is any doubt as to what the will wanted done as far as donations the executor would be wise to have the court interpret that section.

Dwayne B. :

You're welcome.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

Good night.

Customer:

will do

Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26684
Experience: Estate Law Expert
Dwayne B. and 12 other Estate Law Specialists are ready to help you
Expert:  Dwayne B. replied 8 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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