Legal Question in Wills and Trusts in California

In my father's power of attorney he expressly stated, "I give my attorney in fact the power to act as my alter ego with respect to all matters and affairs that are not included in the other provisions in this Power." Being his alter ego, I enjoy identical legal rights as the person conferring the power. Also in the power of attorney my father gave me the power to create, modify, and revoke trusts, "shall not be construed as limiting the authority of my attorney in fact to take any action I believe necessary". My father also states in the power of attorney that he ratifies and confirms all instruments entered into any manner binds him and everyone else. It sounds to me that I am my father while he is alive. So wherever I see his name can I assume that my name is there too? I revoked my two sisters as co-trustees while my father was alive. Now that he died, my sisters are trying to be co-trustees and ignoring everything I say. What can I do? Thanks


Asked on 6/03/11, 9:15 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

A power of attorney is not a substitute for estate planning. When your father died, his power of attorney was revoked as a matter of law. I'd say that the trustees under any valid trust have the power to call the shots now.

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Answered on 6/06/11, 5:18 pm


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