Legal Question in Wills and Trusts in Alabama

my sister had power of attorney for my mother. She moved a CD with my name and my mother's name on it into her (my sister's account). Can she do this?


Asked on 4/29/12, 5:47 am

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

I understand your concern. Generally, an Agent is under a strict obligation not to benefit herself over others, so transferring your mother's money might be construed as violating that duty. If your mother allowed it or even gifted it to her, or if the POA allowed it, then your sister hasn't violated her duty. Also, if she did it for some estate-planning or Medicaid protection reason, she may have done so within her authority. In short, there is no clearcut answer. If you have a copy of the POA though, an attorney could give you more detail after reading it.

William G. Nolan

www.NolanStewart.com

Read more
Answered on 4/29/12, 2:13 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Alabama