Legal Question in Wills and Trusts in California
I am the agent in my father's durable power of attorney and he gives me full power to act on his behalf. Under powers section 1.15 ALL OTHER MATTERS it reads he gives me the power to act as his alter ego with respect to all matters and affairs that are not included in the other provisions in this Power, to the extent that a principle can act through an agent.
Does this mean I am like my father being everything outside of the trust? The amplifying provisions state RATIFICATION and says all instruments of any sort entered into in any manner shall bind his estate, heirs, successors, and assigns. I believe that gives me the power to revoke trusts. He expresses power to create modify and revoke trusts in power of attorney stating that this paragraph, (the paragraph talking about the powers) says shall not be construed as limiting the authority of my attorney in fact to exercise any power.
On the last page with all signatures it reads, "Explanation of Durable Power for Property Management" lastly stating "the powers granted in this Power will exist for an indefinite period of time" Does all this mean I am my father in relation to his property after he dies? Does these powers continue until I die? Thankyou for your expertise, respectfully, Jon C.
1 Answer from Attorneys
The power of attorney is only in effect until his death--the exception is for powers granted regarding burial and autopsy given in health care powers of attorney.
If the power of attorney gives you the power to make gifts, and amend, create and revoke trusts, you do have those powers, but if you use them be prepared to show that they were used in accordance with your father's intent, or they'll likely be challenged later. Anytime you are creating or changing estate planning using a power of attorney you need to be mindful that the power of attorney can be used only for your father's benefit and only doing what is clear that he wanted to do.
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