Legal Question in Wills and Trusts in California
I'm not good with all the legal terms, please forgive me... Ok, My Dad supposdily gave him former ex step son the POA , he actually had the rights to anything & everything when it came to my Dads Will/estate. My Dad was clueless he died w/having alzhiemers disease & the exstep son is also a very experienced estate/probate attorney. He took total advantage we feel with our Dads estate. He made himself out to be the Personnel Rep., the Attorney~in~fact, the POA, the Durable power of attorney, >ALL of them... & on the Durable POA it shows a signature that is NOT my Dads, my Dad had VERY distinctive handwriting... So basically all I'm wanting to know here is if the signature HAS to be that of my Dads? I apologize if I said all this wrong...but I'm not a pro..you know? Sorry, my bad...
4 Answers from Attorneys
if the signature is forged (and that can be proven) the document is not valid. Was it notarized? You can request a copy of the page in the the notary's book showing your dad's signature method of identification.
Yes your Dad would have had to sign the power of attorney unless it was signed for him at his direction which would have to be reflected on the document. However, challenging a POA which expired when your Dad died does not make sense. You need to consult with an attorney, who can review all the facts and the documents and give you specific legal advice.
Mr. White is correct. I was about to send you a P.S. that the power of attorney is no longer effective anyway since your dad has passed away.
You have gotten correct answers. If a person grants another person any form of POA, the person granting the power must sign the POA document. If they are of sound mind and for some reason cannot sign, there must be careful documentation of consent, including as Mr. White noted, stating that fact in the document. It sounds like you may have a serious case of elder financial abuse. You should talk to a lawyer directly as Mr. White suggests. I would also add, that you need to be sure of what jurisdiction is relevant. You posted your question to California lawyers while listing a Washington zip code. The state in which your father lived and died is the state that has jurisdiction.