Legal Question in Wills and Trusts in California

My mother passed away 4months ago and in seperate wills the bequethed everything to each other if one or the other passes away. Since her passing my brother had my dad sign a paper saying that he now has power of attorney over my fathers estate. My sister has now convinced my father that he should remove my brothers power of attorney. My question is, can my father remove my brother's right as power of attorney?


Asked on 8/02/10, 7:20 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Sure, as a power of attorney can be revoked at any time without having to state a reason. A POA can only be used when the grantor is unable to do the activity required. You are thinking of the situation of a conservator who is appointed to handle the person's assets because they are not mentally or physically able to do so themselves. A POA merely means that you can do something I want you to when I can not be there, such as signing a contract while the grantor is on vacation somewhere, etc.

Your father needs to spend several hundred dollars to go to an experienced attorney who handles trusts and estate work to find out what his options are, how to save estate and other taxes, and how to protect himself from what seems to be a fight among his children to wrest control of his assets from him. Most if not all of the meeting with the attorney should be with the children not present.

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Answered on 8/07/10, 9:23 am


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