Legal Question in Wills and Trusts in California

A power of attorney only has effect when the other person can not do something, because they are out side the country so can not sign the contract, are too sick to go where the contract is to be signed, etc. Your mother is mentally capable so can do whatever she wants with her money [if she were not competent, a conservator should be appointed]. It sounds as though the money might be in a trust and he is the trustee so can decide, consistent with the trust rules and instructions what is to be done with the money in the trust. You and your mother need to speak to an attorney to find out what the situation is .

I agree with Mr. Shers entirely, except on one point. There is no requirement that the grantor of a POA be out of the country, or sick, or otherwise unable to physically be present to act on their own behalf. A POA can be granted and exercised purely for the convenience of the grantor. There are no limitations on when or how the grantor can permit the attorney in fact to act on their behalf. The only limitations are in the granting instrument itself.

A power of attorney is not the same as a trust. You mention that your father is deceased, and the power of attorney is revoked at his death for his financial affairs. At that point, only a trustee or a court appointed executor can act with respect to his property. A power of attorney is not a substitute for probate.