Legal Question in Civil Litigation in California

Re: realestate gifting using powers of attorney

You need to look into the scope of the PoA; what did it allow this person to do and why was it given to begin with.

If the person who was deprived of his property has beneficiaries or is not mentally ill, then the PoA can be cancelled and a suit for return of the property can be filed. I have successfully prosecuted such cases of misappropriation where the property was being stolen by client's own children.

It can get ugly. Good luck.

Re: realestate gifting using powers of attorney

Yes, but that person may be held to a very high standard of care. The person with the Power of Attorney will probably be held to a standard that is nearly a fiduciary one. This would mean that the person with the Power of Attorney practically stands in the shoes of the person of which he has the power and determines if this is in their best interests and their best interests only.

Generally it is not recommended to do so, but if done with complete disclosure and a release by all the beneficiaries, then there should be little to no later issues.

Please feel free to contact me at the number and/or email provided by LawGuru. Additionally, you can learn a little more about our firm as well as some very useful information regarding trusts and estates on our firm's site No-Probate.com.

Re: realestate gifting using powers of attorney

not without some serious ethical questions being answered.

Re: realestate gifting using powers of attorney

I agree with the answers provided by both attorneys Linden and Nelson. The transaction will be seriously questioned unless the person whose property you are transferring to yourself is comatose and has no relatives and no family and no friends.