Legal Question in Wills and Trusts in California

Many thanks to the attorneys who have given input on my questions. My question is what kind of power of attorney does my uncle (mom's brother) have or appear to have over my mom (and formerly my dad who is now deceased)? He approached my parents about handling their finances because of their age (they're not Incompetent) for purposes of being a favor and "ease of living." That was last December and they agreed. Initially it was verbal. Then back in June, he asked them if they wanted him to continue managing their finances. If so, then he would prefer for it to be in writing as in power of attorney. They said yes, though they're very willing and not suspicious in nature. He's a hardliner financially, and very frugal. He has questioned a number of things (very small things such as perceived unnecessary purchases) that dad had purchased. Basically he didn't feel that our family knew how spend money wisely. In the wake of dad's death, my uncle is now managing mom's money and she's in a retirement home that her brothers put her in due to housing issues. As I have said previously, I helped my parents out financially and they were very willing to pay me back as necessary since they couldn't do it all at one time. And my uncle has been very difficult in his cooperation to send money to me from mom's account (I don't have a job and not on unemployment). And then there's another issue. The retirement home that she's in is deemed expensive. There's been talk of moving mom to Washington State where my uncle resides because it's cheaper but she doesn't want to go (we're in CA), this is her home. I don't think he or they can move her there without her say so, but they're doing this behind the scenes, seemingly because she's not forthright (doesn't speak up for herself because she's too nice). She's strongly expressed to me that she doesn't want to go, and I've told her she needs to tell them that. And I don't think power of attorney can enforce moving her. I believe a conservatorship does have that power, but she can think for herself, and they would have needed attorney action along with medical documentation to get a judge to declare her incompetent to be under conservatorship. So it looks to me like my uncle has limited power of attorney along with healthcare provisions with the retirement home. In light of all this, the issue would be if any power of attorney can be revoked. I don't believe my uncle is acting in good faith with being a grantee and mom doesn't either. Sorry this is so long and hopefully it's not too muddled. Many thanks again.


Asked on 12/15/11, 12:01 pm

3 Answers from Attorneys

ROBERTA AVRUTIN Roberta Avrutin Law Offices

Yes, your mother can revoke her power of attorney or any part of it whenever she chooses, as long as she is mentally competent and not under any undue influence, fraud or duress. This is the general rule.

There might be other issues to be considered here before she revokes the powers she gave. I think it would be wise for your mom to meet with a trusts and estates lawyer to learn just what powers she gave your uncle, the consequences, whether she still wants him to have those powers and whether he is complying with her wishes. Only a lawyer who consults with her and reviews all the relevant facts can advise her.

Read more
Answered on 12/15/11, 1:42 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

You have raised issues regarding both your finances and your mothers.There is therefore a conflict of interests such that you should consult an attorney separately from your mom.

Read more
Answered on 12/15/11, 2:23 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California