QUESTION
I have POA of my mom we both live in the same state when I got it. She is living in another state now can a POA in that state cancel out the POA I hav
Asked on Apr 16th, 2020 on Wills and Probate - Georgia
More details to this question:
Can a POA that's been obtain from one state that me and my mother lived in when it was done, be terminated by another POA in another state that my mom decide to live at.
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As long as your mother is competent, she can execute a new POA no matter what state she lives in, and it will generally revoke any previously-executed POA. You cannot prevent your mother from revoking a power of attorney.
In fact, if your mother is now living in a different state, she ideally SHOULD update her POA, because a power of attorney done in Georgia, under Georgia law, may not work as well under the laws of the new state. If she still wants to name you as her agent, she can, but if she wants to change her agent when she updates the POA, she is free to do so.
Answered on Apr 17th, 2020 at 7:52 AM
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The person granting the power can always revoke a power of attorney so long as that person is competent to execute a contract. It does not matter which state either person lives in or which state the original power of attorney came from.
Answered on Apr 17th, 2020 at 7:13 AM
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Any new Durable Power of Attorney revokes any previous Durable Power of Attorney.
Answered on Apr 17th, 2020 at 5:17 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.