Legal Question in Wills and Trusts in Arizona

Power of Attorney

My father is in a nursing home, and my sister and I have joint power of attorney per his living will and durable power of attorney. My sister wants to sell my father's house and invest money from my father's savings account. I am not in agreement with this at this time, and I'd like to know if there are safeguards to prevent my sister from accessing my fathers savings account and selling his home. Both savings and the house are in a family trust. Thanks!


Asked on 2/14/08, 12:31 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Power of Attorney

If the assets are in a trust, they are controlled by the trustee, not an agent on a power of attorney. Who is the trustee?

Present all the documents to an estate attorney who can review all the facts. If you are an agent or trustee, the estate would pay the expense of any attorneys fees. A complete review of the trust, will, and powers of attorney must be made to give a proper opinion.

Best regards,

James D. Jenkins

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Answered on 2/15/08, 1:50 pm


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