La Porte, TX asked in Family Law for Texas

Q: 2 POA's from the same person. Which one is valid?

My mother gave me a POA about 11 years ago pre-dementia. She recently moved in with my brother. My brother got her to sign a POA recently at the time of her signing she has severe dementia. I have a signed statement from her doctor stating that fact and also stating that she does not have the mental capacity to make or sign legal documents. So which POA is valid? If my brother uses his POA is that committing fraud?

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1 Lawyer Answer
Penny Wymyczak-White
Penny Wymyczak-White
  • Houston, TX
  • Licensed in Texas

A: Yours is valid if she was in sound mind and at the time she signed your brothers she was not in sound mind. Retain a lawyer and void your brothers power of attorney

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