Will a subsequent execution of another power of attorney revoke an earlier power of attorney?
Full Question:
I executed a power of attorney of my estate in New Jersey to my niece. There was no mention that it will be revoked by a subsequent power of attorney. Thereafter I changed my mind and executed another power of attorney of the same estate to my nephew. Will the subsequent execution of power of attorney to my nephew revoke the earlier power of attorney executed to my niece?
02/14/2017 |
Category: Power of Attorney |
State: New Jersey |
#32129
Answer:
“A power of attorney is revoked when the principal has caused all executed originals of the power of attorney to be physically destroyed; or when the principal has signed and caused to be acknowledged in the manner set forth in R.S. 46:14-2.1 a written instrument of revocation; or when the principal has delivered to the attorney-in-fact a written revocation. Unless expressly so provided, the subsequent execution of another power of attorney does not revoke a power of attorney.”
In the instant case, your subsequent execution of power of attorney to your nephew does not revoke the earlier power of attorney executed to your niece because there was no mention in the power of attorney that it will be revoked by a subsequent power of attorney.
