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.


Asked on 3/16/06, 8:09 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 3/16/06, 8:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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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Answered on 3/16/06, 9:29 pm


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