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My mother married a guy in 2004 he was 82 at the time and my mom was 46. Lately my mom found out that his daughter was given POA many year before they got married. He was insane mind at the time. Would like to know if the marriage supersede the POA?
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Was he insane when had gave the POA to his daughter? Did your mother know he had been diagnosed as insane when she married him?

Anyhow, marriage does not superede POA. I was my mother's POA and all of her fiances and medical stuff was handled through me. Had my step-dad been her POAs, she would have died years before she did.
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Why is this going on? This is horrible. There is so much pain created when someone dies or if kids get involved. Would the kids like that to happen to them? I am so sorry you have to face such a mess. Something is not right here. But, kids need to start staying out of their parents lives. My gosh, they cannot take back the harm they do.
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icabrown, I am not sure what the condition "insane" is. Was it a temporary condition he recovered from? Do you mean he has a chronic illness, such as bipolar disorder? Is he still "insane"? There are some legal issues here. For example, was he legally competent to sign the POA with his daughter on it? Is he currently legally competent to sign a new POA?

Has daughter been handling his affairs all along? Is Husband now unable to handle his own affairs and she is trying to take over? What brings this issue up now?

The basic answer to your question is, no, the marriage does not supersede the POA in those areas where POA has authority. The POA does not have authority over the person -- for example, cannot decide where the person lives, but may have authority to pay bills.

If you want advice for your particular situation, I suggest you start a new post, with more details.
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POA trumps the spouse in matters that pertain to the POA as designated by the person who gave it, unless that person was not of sound mind and it can be proven, at the time. People do often do this in remarriages at the behest of their kids. On the surface of it, a woman marrying a man when she is forty something when he is in his 80's would possibly not sit well with the dad's children. On the other hand, there are rights that protect the spouse above all others, unless a prenup was done to trump those. See a lawyer.
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Lawyer up! I
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What exactly you mean that he was insane?

Does that mean mentally ill, if so what kind?

Does it mean not able to conduct his own business in a business like manner?

When was he diagnosed the was mentally ill or incompetent and by whom?

Was this before or after he gave his daughter the POA for him?

Did he have this diagnosis when your mother married him?

What specifically is troubling your mother at 57 that his daughter has POA over him and he is now 93.

Is your mother his caretaker?

Does he have a lot of money?
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Or do you mean that he was " in sane mind", i.e., he was in his right mind at the time.
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I read the question like this:
He was in sane mind at the time ie of sane mind OR of sound mind.

Either way there's not enough information and icabrown doesn't seem interested in filling out a profile or coming back to clarify things.
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My son has given me poa of what little bit he has. he is not married but his girlfriend is wanting to get married really quick. He is on disability and ill. will she have all the power over him or do I still have the power to help him with all his wishes.
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Close all remaining joint accounts and see a lawyer immediately. No other way.
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tamonthego---If your son is mentally competent, he can do whatever he wants. She will have all the rights of any wife, such as being contacted as his next of kin in an emergency. A POA is generally limited to financial affairs.
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Can my uncle appoint someone to be my aunt poa if she has alzheimers
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No, your uncle cannot appoint someone to be your aunt's POA.
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i am 65 year old man my wife is in hospital with serrociss of liver and blood infection . she has debilatated to hospitalize 45 days i have been taken care of her for 2years now her daughter recently came out of no where with POA i knew nothing about .i am of sound mind and competent i pay my wife insurance premiums she has usurped my authority to make decision for my wife i will not let her continue to steal money and leech off my wife till her death bed she has no access to my wife accounts nor to my house , she recently overwrote my decision in a health care situation she wants my wife to go to rehabilatation house i want her home that we bought together.i will not allow this at this point i am severering my relationship with my daughter but i am going to fight to make decision for my wife under our contract of marriage .
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The POA has more authority. You might be able to file for guardianship.
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Bless, did you ask your wife whether or not she had ever executed either legal/financial or medical health care proxy to appoint her daughter?
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