In 1992, my parents had a POA naming my sister. My father died in 1995, and my mom had a new POA made in 2009 naming me her POA. She did not...

Question

In 1992, my parents had a POA naming my sister. My father died in 1995, and my mom had a new POA made in 2009 naming me her POA. She did not remember having the 1992 Poa, so it was never revoked. Are we now double POA's or is the latest POA the one in effect?

Answer

Unless your 2009 power of attorney had a clause specifically revoking all previous powers of attorney, it sounds like there are now two attorneys-in-fact for your mother, you and your sister. This may set up a potential conflict, but it is permissible.