Legal Question in Wills and Trusts in California
Power of Attorney
My father is 78 years of age, not a healthy man and he went to hospital 3 years ago and my couisin had him to sign a Power of Attorney and my couisin believes if something happens to my father he will be in charge my father does not want that and requesting that POA becomes null and void, what should I do also if I get a living trust will that oversee the POA?
2 Answers from Attorneys
Re: Power of Attorney
If your father is still competent, he has the right to revoke the power of attorney and create a new one. If your father isn't competent, the only choice you would have would be filing for a conservatorship. Sit with a probate attorney as soon as possible so that these options can be explained to you and/or your father.
Re: Power of Attorney
Everything recommended by Mr. Schomer is exactly what I would recommend. And just to let you know, a living trust will NOT do anything to the Power of Attorney.
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