Legal Question in Wills and Trusts in Alabama
If a person has power of attorney in the event of someone being disabled ( due to old age ) can that person put for ex. their house up for sale without the person's signature if the person has a sound mind still and before death? And then this person is executer over this person's will and refuses to give a copy of the will to the other beneficiaries and removes items from the house BEFORE the will is probated and without the knowledge of the other parties? Is this legal?
1 Answer from Attorneys
A power of attorney is a dangerous thing. The person who hold the power of attorney can do just about anything. However, the power of attorney can only be used to benefit the person who gives it. Trouble is, it takes a lawsuit to show that the holder of the power used it wrongfully. If the person who gave the power of attorney has a sound mind, then that person can simply revoke the power of attorney. Remember a Power of Attorney is only valid during the life of he who gave it. A will only has power after the person is dead. The fact that the person you mention is named as the executor in the will means nothing. If the old person is being dominated by the person who wants to sell the house etc. and does things that are not in the best interests of the old person and the old person is not of sound enough mind to protect himself or herself, you should hire an attorney and go to the probate court to establish an emergency conservatorship and guardianship. This will get the court right up in the middle of the bad behavior and make it stop. You can do something here, but you will have to take action through the court system. Get yourself a probate lawyer, tell all of the facts and let him or her give you some options. This is a very common problem and relief is available to you depending on the facts.