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Power of Attorney
Can my brother get a separate power of attorney from my mom?

Can my brother get a separate power of attorney from my mom?

Q: What three decisions cannot be made by a legal power of attorney?

A legal power of attorney typically cannot make decisions regarding the principal's will, consent to divorce, or make medical decisions if the principal has specified otherwise in a living will or advanced directive. The limitations depend on the specific terms outlined in the POA document.

Full question:

My mom granted me durable POA this week, was notarized and filed at Craighead County courthouse. Can my brother obtain a separate POA by coaxing my mom into signing? If so, which document becomes valid if we disagree on future action on her behalf?

Category: Power of Attorney
Date: 04/07/2025
State: Arkansas

Answer:

A person can grant Power of Attorney (POA) to multiple individuals and can revoke these designations at any time, as long as the legal documents are properly executed. Therefore, your brother could potentially obtain a separate POA if your mom agrees to it.

If there are multiple POAs, the validity of each depends on how they were set up. If your mom specifies that the agents must act together, then both you and your brother would need to agree on decisions. This can help ensure that decisions are sound but may lead to delays if disagreements arise.

On the other hand, if your mom allows each agent to act separately, it ensures that one of you can always take action on her behalf. However, this may lead to confusion or disagreements if communication between you and your brother is lacking.

For clarity and to avoid potential conflicts, it is often advisable to limit the number of active POAs.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who can override a power of attorney in Arkansas?

In Arkansas, a power of attorney can be overridden by the principal, who is the person that granted the POA. The principal can revoke or change the POA at any time, as long as they are mentally competent. Additionally, a court can override a POA if it determines that the agent is not acting in the principal's best interests or if the agent is abusing their authority.

What is a POA not allowed to do?

A power of attorney (POA) cannot make decisions that are illegal or against public policy. Additionally, a POA cannot change the principal's will, consent to divorce, or make medical decisions if the principal has specified that they do not wish for the agent to do so. The authority granted in the POA document will outline specific limitations.

What three decisions cannot be made by a legal power of attorney?

What is the difference between power of attorney and durable power of attorney?

A power of attorney (POA) is a legal document that allows one person to act on another's behalf. A durable power of attorney remains effective even if the principal becomes incapacitated. In contrast, a standard POA may become invalid if the principal loses mental capacity. The durability clause must be explicitly stated in the document.

What are the disadvantages of being a power of attorney?

Being a power of attorney (POA) can be a significant responsibility. Disadvantages include potential legal liability if decisions are perceived as harmful to the principal, the emotional burden of making tough decisions, and the possibility of family conflict. Additionally, the agent must act in the principal's best interests, which can sometimes be challenging.