I have Durable Power of Atorney for my elderly mother, and am agent in both financial and health care categories. Because I occassionally travel, she now is thinking of giving POA to my sister, with me as an alternate. However, I have concerns about that arrangement. My sister is 56, and has never learned to manage her own finances. In addition to that, she is so emotionally unstable that she is not able to work and is on disability. My sister is manipulative and is really "using" mother to get substantial financial assistance continually because she can't live within her means, even for her regular expenses. I have tried to help Mother see the truth, but she just can't (or won't). My sister would do poorly at managing Mother's assets if ever the need should arise, and worse yet, she would probably abuse the responsibility to her own advantage. I want Mother's assets to be used for Mother's care, not for my sister (until the assets are divided after Mother's death).

I only learned today by looking on the internet that durable POA can be written for health care specifically. I plan to suggest to Mother that she give my sister durable POA for health care only, so that if I am away she can speak for Mother re her health care. I do not anticipate that my sister and I would have any disagreements over the health care.

But my question is, if Mother gives my sister durable POA for health care, will that invalidate my durable POA which covers both financial and health care? Or would my POA be still good as long as Mother does not revoke it, with my sister having POA for health care only?

I really don't want to stir things up so much as to ask Mother to make two new POA's -- assigning my sister as POA for health care and me as POA for finances. My sister would likely create quite a fuss over that, as it is pretty evident from things that have happened that she wants to obtain control over Mother's finances. Better to let my sister feel she is gaining something rather than being prevented from something. Mother's health is fragile, and any sister-induced stress might cause her demise.

Thanks for any insights or advice.

I can certainly understand this is a frustrating situation for you. I suggest you contact an attorney to determine the legal options that you and your mother have. You can find an attorney through the locator service on LawInfo’s home page at: http://www.lawinfo.com/.

You can also browse through the information in LawInfo’s Free Legal Resource Center here: http://www.lawinfo.com/index.cfm/fus...lient.consumer, or search for your particular topic here: http://resources.lawinfo.com/index.html.