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Power of Attorney
Can a lawyer name their spouse as a backup in a Power of Attorney?

Can a lawyer name their spouse as a backup in a Power of Attorney?

Q: Can someone make you power of attorney without consent?

No, a power of attorney cannot be created without the consent of the person granting it. The principal must voluntarily sign the document, indicating their agreement to appoint someone else to act on their behalf. If someone attempts to create a power of attorney without consent, it is considered fraudulent.

Q: Can one power of attorney override another?

Yes, one power of attorney can override another if the new document explicitly states that it revokes the previous one. It’s essential for the principal to clearly communicate this change to the agents involved to prevent any disputes or confusion regarding authority.

Q: Does a new power of attorney override an old one?

Yes, a new power of attorney generally overrides an old one unless the new document specifies otherwise. This means that once a new power of attorney is executed, the previous agents no longer have authority to act. It’s important to inform all relevant parties about the change.

Full question:

The lawyer who drew up a Power of Attorney for my mother inserted his wife's name as the back-up, in case neither my brother nor I could function. Is this a recognized practice? If so, shouldn't he have asked first? If not, what should we do?

Category: Power of Attorney
Date: 04/07/2025
State: New York

Answer:

If your mother does not want the lawyer's wife named as a backup agent, she should request that he rewrite the document. She cannot be compelled to appoint an agent against her wishes. It's common practice to name multiple successors in a Power of Attorney to ensure it remains valid if the primary agents are unable to act.

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

Does a new power of attorney void an old one?

Yes, a new power of attorney typically voids any previous ones unless the new document explicitly states otherwise. This means that if your mother creates a new power of attorney, it will replace the old one, and the previous agents will no longer have authority. It's important to clearly communicate this change to all parties involved to avoid any confusion.

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

A legal power of attorney cannot make decisions regarding the principal's will, vote on behalf of the principal in elections, or make decisions about the principal's medical treatment if the principal is declared incompetent without specific authority granted in the document. Always ensure the power of attorney document clearly outlines the scope of authority.

What is an example of abuse of a power of attorney?

Abuse of a power of attorney occurs when the agent uses their authority for personal gain rather than in the best interest of the principal. For example, if the agent sells the principal's property and keeps the proceeds for themselves, that would be considered abuse. It's crucial for the principal to choose a trustworthy agent.

Can someone make you power of attorney without consent?

Can one power of attorney override another?

Does a new power of attorney override an old one?

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