Legal Question in Wills and Trusts in California
Firstly I want to thank everyone for your expertise.
In my father's durable power of attorney he gives me full power to act on his behalf. And he expressly states that I am his alter ego in all matters and affairs that are not mentioned in the instrument. Does this mean that I share identical legal rights as the person conferring the power and can do anything my father does outside of the trust, etc? Thank you, respectfully, J.C.
2 Answers from Attorneys
I am not sure what you mean. You can do anything ON HIS BEHALF that he could do. I would have to read the POA to be sure though. Does that help?
As agent, you are acting as a fiduciary. If your father is competent you may only do as he wishes. If not, you must only do what is in his best interest. You can not use any of his assets for your own benefit for instance.
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