That depends on a few factors. Your power of attorney is valid. The question is whether the prior one is also valid. It’s possible to have two powers of attorney that are both valid at the same time though we counsel against doing so because it can create confusion. The older power of attorney continues to be valid unless the more recent one expressly revokes it, the grantor of the power of attorney has revoked it, or your state’s law states that the execution of a new power of attorney revokes a prior one.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
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