If the newer power of attorney doesn’t mention revoking earlier ones, can both documents be valid at the same time? – North Carolina

Short Answer

Yes. In North Carolina, it is possible for an older power of attorney and a newer power of attorney to both be valid at the same time if the newer document does not revoke the earlier one. The practical problem is that if the documents overlap or conflict, third parties (like banks or closing attorneys) usually treat the newer document as controlling for the same subject matter, and the older agent may be unable to act. The safest way to avoid confusion is a clear written revocation (or a clear statement about what stays in effect) and proper notice to the people who might rely on the documents.

Understanding the Problem

In North Carolina estate planning, the question is whether a parent can have more than one power of attorney in effect at the same time when the parent signs a newer power of attorney that does not clearly say the older one is revoked. The decision point is whether the newer document was meant to replace the older one, or whether it was meant to add a second agent or cover different tasks. This issue often comes up when an older power of attorney was recorded with the local register of deeds and a family member later learns a newer document exists.

Apply the Law

North Carolina generally allows a principal (the person who signed the power of attorney) to revoke a power of attorney and to sign later documents that change who can act and what powers exist. Whether two documents can “both be valid” depends on (1) what each document says, (2) whether they cover the same powers, and (3) whether they conflict. Even when both documents technically exist, a third party may refuse to accept the older one if a newer one appears to cover the same authority.

Key Requirements

Validity of each document: Each power of attorney must have been properly executed under North Carolina law for the type of authority it grants (financial vs. health care) and must not have been revoked or terminated.
Scope and overlap: If the older and newer documents cover different subjects (for example, one is limited to real estate and the other is broader), both can operate without conflict. If they cover the same subject, the newer document often controls to the extent of any inconsistency.
Notice and reliance: Even if a revocation exists, it may not protect against confusion unless the revocation (or the newer document) is communicated to the people who might rely on the older power of attorney.

What the Statutes Say

N.C. Gen. Stat. § 32A-20 (Health care power of attorney; revocation) – Allows revocation, including by executing a subsequent health care power of attorney, and explains that revocation becomes effective upon communication to the named agents and the attending physician/eligible psychologist.
N.C. Gen. Stat. § 32A-24 (Reliance on health care power of attorney) – Protects health care providers who rely in good faith on a health care power of attorney unless they have actual notice of revocation.
N.C. Gen. Stat. § 143B-1271 (Affidavit of agent; no knowledge of revocation) – Provides a recorded affidavit mechanism that can help show an agent had no actual knowledge/notice of revocation when acting under a power of attorney in recordable transactions.

Analysis

Apply the Rule to the Facts: Here, [CLIENT] is named as agent in an older power of attorney that was recorded with the register of deeds. If the parent later signed a newer power of attorney and did not clearly revoke the older one, both documents may still exist as “valid” writings. But if the newer document covers the same financial powers and names a different agent, a bank, title company, or closing attorney may treat the newer document as controlling and refuse to honor the older one, especially if the newer document appears to be the parent’s most recent instructions.

Process & Timing

Who reviews/acts first: The principal (parent) if still competent, or the agents if the question is about acceptance. Where: For recorded documents, the Register of Deeds in the county where the older power of attorney was recorded. What: Obtain certified copies of the older recorded power of attorney and the newer power of attorney (and any written revocation, if one exists). When: As soon as a conflict is discovered, before any major transaction (like selling or refinancing real estate).
Compare authority and conflicts: Check whether the newer document is limited (for example, real estate only) or broad, whether it names co-agents, and whether it includes language about prior documents. If the documents overlap, plan for how third parties will be shown the controlling authority.
Clean up the record and notice: If the parent intends only one agent to act, the usual next step is a written revocation of the older power of attorney (and, when real estate is involved, recording the revocation in the same register of deeds office where the older document was recorded). Then provide copies of the revocation/new document to banks, financial institutions, and any professionals involved in transactions.

Exceptions & Pitfalls

Different types of POAs get mixed up: A financial (durable) power of attorney and a health care power of attorney are different documents with different rules. A newer health care power of attorney can revoke an older health care power of attorney even if no separate revocation is signed, but the revocation rules and notice requirements are specific to health care decisions.
Overlapping agents create real-world gridlock: Even if both documents are “valid,” a third party may freeze action until it is clear who has authority. That can delay closings, access to accounts, or other time-sensitive tasks.
Recording alone does not solve conflicts: Recording an older power of attorney can help prove it exists, but it does not prevent a later document from changing authority. If the older document was recorded, a revocation (or a clear newer document) often needs to be recorded too for real estate transactions.
Notice problems: For health care powers of attorney, North Carolina law ties revocation effectiveness to communication. For financial matters, institutions often rely on what they have on file; failure to give clear notice can lead to refusal, delay, or reliance on the wrong document.

For more background on this topic, see which power of attorney controls and how to revoke an existing power of attorney.

Conclusion

In North Carolina, an older power of attorney and a newer power of attorney can both be valid at the same time if the newer one does not revoke the earlier one, especially when they cover different tasks. If the documents overlap or conflict, the newer document usually controls for the same subject matter in practice, and third parties may refuse to honor the older one. The most reliable next step is to obtain and compare both documents and, if the parent intends only one to apply, sign a written revocation and record it with the Register of Deeds where the older power of attorney was recorded.

Talk to a Estate Planning Attorney

If you’re dealing with competing or confusing powers of attorney, our firm has experienced attorneys who can help clarify which document is likely to be accepted and what steps can reduce delays and disputes. Call us today at [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.