Although Mr. Whipple is correct in the event there are two valid POAs, based on your question there appear to be zero valid POAs. A mentally incompetent person cannot give a valid POA, and not only that, if a person gives a POA while mentally competent and then becomes mentally incompetent the POA expires, unless the POA is "durable" and a medial professional declares the person incompetent and subject to the durable POA. So unless your POA is a durable POA that by its terms becomes or remains valid in the event of your mother's incompetence, neither POA is valid anymore. It sounds like it is time to get your mother a conservator.
Although Mr. Whipple is correct in the event there are two valid POAs, based on your question there appear to be zero valid POAs. A mentally incompetent person cannot give a valid POA, and not only that, if a person gives a POA while mentally competent and then becomes mentally incompetent the POA expires, unless the POA is "durable" and a medial professional declares the person incompetent and subject to the durable POA. So unless your POA is a durable POA that by its terms becomes or remains valid in the event of your mother's incompetence, neither POA is valid anymore. It sounds like it is time to get your mother a conservator.
Although Mr. Whipple is correct in the event there are two valid POAs, based on your question there appear to be zero valid POAs. A mentally incompetent person cannot give a valid POA, and not only that, if a person gives a POA while mentally competent and then becomes mentally incompetent the POA expires, unless the POA is "durable" and a medial professional declares the person incompetent and subject to the durable POA. So unless your POA is a durable POA that by its terms becomes or remains valid in the event of your mother's incompetence, neither POA is valid anymore. It sounds like it is time to get your mother a conservator.
Although Mr. Whipple is correct in the event there are two valid POAs, based on your question there appear to be zero valid POAs. A mentally incompetent person cannot give a valid POA, and not only that, if a person gives a POA while mentally competent and then becomes mentally incompetent the POA expires, unless the POA is "durable" and a medial professional declares the person incompetent and subject to the durable POA. So unless your POA is a durable POA that by its terms becomes or remains valid in the event of your mother's incompetence, neither POA is valid anymore. It sounds like it is time to get your mother a conservator.
