Legal Question in Family Law in California
power of attorney
my father is dying of a brain tumor. he signed a power of attorney for his housekeepper and my sister and I are his only heirs. We believe that he may have been mentally incompetent when he signed the document. Is this something that we are going to have to hire a lawyer for or is his estate going to come to me and my sister regardless of the document? The cost of an attorney would break us at the moment.
3 Answers from Attorneys
Re: power of attorney
Unfortunately, the only way to contest the power of attorney once it exists is through the legal system and given the facts as you have presented them you will need a lawyer to prove you father signed the Power of Attorney while mentally incompetent. You should speak with someone sooner rather than later.
Good luck to you, your father and sister-Martin
Re: power of attorney
A power of attorney could allow the house keeper to dispose of all of the property in your father's estate. If this is the case you would not receive any of the property, because it would be gone.
First determine what powers are given to her by the power of attorney.
You could file a petition for the appointment of a conservator of his estate. This would result in a court representative contacting him regarding the circumstances of the signing of the power of attorney.
Re: power of attorney
You don't say in your question if your father has a will or not. If he has a will then the people named in the will should inherit not the person with power of attorney. However, you should seek legal advice quickly as the housekeeper could mismange his affairs in the meantime. If you can not afford an attorney, I suggest you contact your local legal aid society or local law school legal clinic.