Legal Question in Wills and Trusts in California

Re: Do you need Calfornia residency to have power of attorney/trustee in Califor

Where does your sister live? Virginia or California?

You should be able to go to the courthouse and check the file to see what is the status of the lawsuit, if any.

Generally, there is nothing that you can do, but many things your mother could do, to change the situation. You could suggest things to your mother, but everything is going to depend upon her.

Often durable powers of attorney are very badly written, in my opinion, in that they are not limited to situations in which the grantor of the power is disabled, but take effect immediately. That could be a problem.

Re: Do you need Calfornia residency to have power of attorney/trustee in Califor

I'm sorry to hear about your situation. You did not mention your mother's competency level. If she is still competent, she can revoke the powers of attorney and, it sounds like she should do so. If your mother is not competent, you (or someone) will have to apply for a conservatorship, which is essentially a guardianship for an adult. If you don't feel capable of handling it yourself, there are professional trustees/conservators available who can help you.

The other issue that sticks out in your case is that it appears your mother is vulnerable to undue influence. In other words, even if mom cancelled the powers of attorney, it sounds like your sister would continue to beg her for handouts. If this is the case, your sister could easily get a new power of attorney written, create a new estate plan, or put herself on your mother's assets. The best protection for this type of behavior (besides constant and detailed monitoring) is a conservatorship.

You didn't mention where your mother is located. I would recommend you find an attorney in your mother's general proximity and discuss these issues further.

Re: Do you need Calfornia residency to have power of attorney/trustee in Califor

it is not clear whether the existing powers of attorney were prepared by an attorney who is acting in your mother's best interests.

if you can convince your mother that she needs assistance in dealing with your sister, you can recommend that she retain her own attorney to review her situation and take action as necessary.