Legal Question in Family Law in California
My husband has power of attorney for his mother because she was declared incompetent by her primary physician. This power of attorney was part of her living trust and allowed my husband to take care of her finances and health needs. My husband�s aunt whom is the sister of his mother claims to have power of attorney and has aggressively applied her said authority by making changes such as opening new bank accounts, redirecting bills and funds, changed utility service such as telephone numbers and life insurance policies. This now prevents him from complying with the instructions of the trust. The aunt has been acquiring signatures from my husband�s mother for documents and accomplished this without notifying him since they are on non speaking terms. How can an individual make such changes when power of attorney has already been granted based on ones incompetency and if required what type of attorney should be utilized depending on seeking any legal recourse?
1 Answer from Attorneys
If you want the aunt's conduct to stop, you'll have to litigate it. You'll have to file an action in probate court and seek a determination of whose power of attorney, etc., controls, and whether or not any bad conduct has been done by the aunt.
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