Legal Question in Wills and Trusts in California

Maybe, maybe not. It depends on the nature of his incapacity and the nature of the POA. If he is mentally incapacitated and the POA was not given while he was mentally capable, OR if it was given when he was mentally capable but it is not a durable power, then there is no legal POA and everything she has done is illegal. If, however, it was a durable POA given before mental incapacity set in, OR he is mentally capable, just not physically, then she has the full power to do anything he could do himself in person, including clean out joint accounts.

In addition, understand that joint accounts mean that either person can withdraw all the money. You could have done the same thing. You may need to have an attorney if you needed that money to live on or if there were automatic deposits for you going into them.