Legal Question in Business Law in California
Urgent help needed....power of attorney
A friends was not in their right mind, family member made him sign a power of attorney and took him to the bank to present it. This friend is now in a rehabilitation facility. Recovering and remembering. He is filling out a form and will have notarized to Revoke Power of Attorney. He also is planning to be married by the end of this month. How will/would the marriage effect the Power of Attorney? Is it automatically desolved? Does it automatically transfer power of Attorney to the new wife?
Thnak you in advanc for your assistance.
2 Answers from Attorneys
Re: Urgent help needed....power of attorney
If your friend is legally competent, have him sign and notarize the revocation immediately. He should bring a copy to the bank, perhaps record it with the county recorder, etc. The new wife does not necessarily become the attorney in fact for premarital assets.
Re: Urgent help needed....power of attorney
You and/or your friend should locate and read the following provisions of California law, which are available on line or at libraries, and are fairly easily understood:
Probate Code section 4151, dealing with revocation of powers of attorney;
Probate Code section 4152, covering termination of the authority contained in the power of attorney;
Probate Code section 4153, covering revocation of the authority of an attorney-in-fact;
Probate Code section 4154, providing that the dissolution or annulling of the principal's marriage to the attorney-in-fact also revokes the authority of the former spouse.
This may be helpful, but it won't make you an expert or necessarily show you how to handle the problem. It's a starting point. Very possibly the principal is going to need a lawyer.
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