Avvo Question

Someone on Avvo recently asked: "If you are the 2nd person to be power of attorney and the person before you is your sister, can you over rule her?"

Answer from Wood County, OH Estate Planning Attorney Staten Middleton:" It depends on what the terms of the Power of Attorney are. That is the POA may not include the power to make decisions concerning medical treatment and placement. Also, I am not sure from your facts as to whether your father and sister are co-attorneys in fact (persons appointed to act) under the POA or if there is a priority. The terms in the document are critical and should be reviewed by an attorney familiar with these cases."

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