Legal Question in Wills and Trusts in California
changing name of deed title with power of attorney
I would like to know if it is legal to change the soul ower of a house deed with a power of attorney if the person stated in the power of attorney is only suppose to have a finance power of attorney? Would this be legal if it was done?
2 Answers from Attorneys
Re: changing name of deed title with power of attorney
If the agent gave the house to himself/herself, the power to do so would have to be specifically mentioned in the power of attorney. Even so, such gifts can often be overturned--I'd recommend seeing an attorney right away. Certain transactions may even qualify as financial elder abuse, which means it's easier to sue and recover, and attorney's fees can also be awarded.
The power of attorney is usually meant to be used for routine financial transactions benefitting the incapacitated person, not others.
Re: changing name of deed title with power of attorney
In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com
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