Legal Question in Wills and Trusts in California

mom has alzheimers sis takes everything
if my sister does have durable power of attorney and got it prior to moms incapacitation due to alzheimers....then sis transfered property from mom to a living trust, then from living trust to sis as trustee of trust, wouldn't she be required to sign such documents (grant deed or quit claim deed) as ''mom's name by sis's name, as her power of attorney in fact'' ? and in viewing the grant deed and/or quit claim deed, wouldn't it be easily recognized that sis signed for mom as her DPOA??

And if the grant deed and/or quit claim deed was NOT signed this way, and mom WAS diagnosed with alzeimers, would the transfer of property signed by mom be legal?

Asked on 11/26/05, 1:56 pm

Donald Field Donald L. Field, Jr., Attorney at Law

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Re: mom has alzheimers sis takes everything

the answers to your questions depend upon the language of the documents and the full details of the facts and diagnosis of alzheimer's disease.

you should consult an attorney who can review the documents and obtain additional information from you.

Answered on 11/28/05, 1:08 pm

Ken Koenen Koenen & Tokunaga, P.C.

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Re: mom has alzheimers sis takes everything

Without reviewing the trust and the POA, it would be hard to give you a precise answer. Do you have copies of those documents?

Answered on 11/27/05, 2:24 pm

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