pacific nw
Jul 21, 2007, 11:14 AM
My father-in-law, some years ago, signed a document giving Mr. "X" Power of Attorney, if it should ever be needed. It has not been filed. He is in British Columbia, Canada.
My father-in-law just lost his second wife. Mr. "X" is the husband of my father-in-law's recently deceased wife's daughter, and is an attorney.
My father-in-law is the executor for his recently deceased wife. She passed one week before the sale of their house closed. Presumably now, all assets from the sale of their house pass to him regardless of what her will says. (They had both always assumed he would pre-decease her since he is 11 years older.)
He is still going through the grieving process and is sometimes depressed. Yes, the doctor has him on anti-depressants. He is still sharp as a tack on most things. He is physically quite healthy.
My father-in-law has told the family he does NOT want the POA filed yet. Our concern is that if my father-in-law becomes or is determined at some point to be "incompetent", then said recently deceased wife's son-in-law, Mr. "X", may take things into his own hands, file the POA and follow the deceased wife's will (sale of house assets to be divided among deceased wife's two children, one of whom he is married to) regardless of the needs, long term care and expenses (and possible rights) of my father-in-law.
I have recommended to my wife's brother (my father-in-law's birth son) that he explore getting the POA into his name. My brother-in-law has the confidence of my father-in-law's bank which is allowing my brother-in-law to set up automatic payments for housing, hydro, etc but nothing is in writing.
1) Do you know if a NEW Power of Attorney would be valid or would the old un-filed POA have to be revoked first, even if it has not been filed?
2) Is the NEWEST Power of Attorney or the OLDEST (presumably when the person was in the best mental health) recognized as being valid?
3) Since my father-in-law is not currently coping too well from having just lost his wife, would signing a new Power of Attorney be valid under these conditions? He is currently on anti-depressants. This is in Vancouver, B.C. Canada
My father-in-law just lost his second wife. Mr. "X" is the husband of my father-in-law's recently deceased wife's daughter, and is an attorney.
My father-in-law is the executor for his recently deceased wife. She passed one week before the sale of their house closed. Presumably now, all assets from the sale of their house pass to him regardless of what her will says. (They had both always assumed he would pre-decease her since he is 11 years older.)
He is still going through the grieving process and is sometimes depressed. Yes, the doctor has him on anti-depressants. He is still sharp as a tack on most things. He is physically quite healthy.
My father-in-law has told the family he does NOT want the POA filed yet. Our concern is that if my father-in-law becomes or is determined at some point to be "incompetent", then said recently deceased wife's son-in-law, Mr. "X", may take things into his own hands, file the POA and follow the deceased wife's will (sale of house assets to be divided among deceased wife's two children, one of whom he is married to) regardless of the needs, long term care and expenses (and possible rights) of my father-in-law.
I have recommended to my wife's brother (my father-in-law's birth son) that he explore getting the POA into his name. My brother-in-law has the confidence of my father-in-law's bank which is allowing my brother-in-law to set up automatic payments for housing, hydro, etc but nothing is in writing.
1) Do you know if a NEW Power of Attorney would be valid or would the old un-filed POA have to be revoked first, even if it has not been filed?
2) Is the NEWEST Power of Attorney or the OLDEST (presumably when the person was in the best mental health) recognized as being valid?
3) Since my father-in-law is not currently coping too well from having just lost his wife, would signing a new Power of Attorney be valid under these conditions? He is currently on anti-depressants. This is in Vancouver, B.C. Canada