Legal Question in Elder Law in California

Power of Attorney

My grandmoter is 93 years old, wheelchair bound, hard of hearing and partially blind. My older sister has power of

attorney finances. Recently my grandmother's home (deed in

my sister's name that has power of attorney) was sold to

a total stranger by my nephew who had my sister's name forged and deeded to himself, then he sold the property and

new homewowner took out a loan. I need to know how can I

first of all obtain power of attorney and take legal actions

towards getting my grandmother's property back in her name?

Please rush answer. Sincerely


Asked on 10/13/04, 8:18 pm

3 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: Power of Attorney

If your grandmother is not competent, your sister would need to take action or you would have to file for a conservatorship. You can report the forgery to the police and your sister can initiate legal action.

JOEL SELIK

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Answered on 10/14/04, 10:33 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Power of Attorney

See an attorney right away--your sister can sue on your grandmother's behalf with the power of attorney. If she isn't willing to sue, you may need to get a conservatorship for your grandmother and the conservator can sue on her behalf.

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Answered on 10/14/04, 12:02 pm
Scott Schomer Schomer Law Group

Re: Power of Attorney

You probably need to file a conservatorship and then move to void the transaction or obtain the property pursuant to a probate code section 850 petition. See an attorney as soon as possible.

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Answered on 10/14/04, 3:29 pm


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