Legal Question in Wills and Trusts in California

Re: Power of Attorney

A power of attorney is good until it is revoked. Unless grandma specifically revoked son's poa, it is still good.

However the real question is grandma's current mental capacity. If she is no longer competent, son's poa may no longer be good unless it was what we call a "durable poa." My recollection is that California did not have durable poa's in 1978. If you have access to the poa, see if something like the following sentence is written near the end, "This power of attorney shall survive the incapacity of the principal." If it has that type of language then absent revocation, the power of attorney is still good.

If grandma is incompetent, son will have to show undue influence by "clear and convincing evidence." That is a higher standard than most civil cases. It is usually a difficult, but not impossible task. You should also find out if daughter or granddaughter had any role in writing grandma's will. That could result in them being disqualified from inheriting from her estate.

Re: Power of Attorney

Usually a power of attorney is revoked by signing a new one. To succeed in setting the new one and the trust aside for undue influence, he must show in a court of law that there was undue influence by clear and convincing evidence. That's a strong burden. Until he can show that, the old power is revoked. The second power probably expired when the daughter died unless there is a provision to the contrary naming the grandaughter. If the action has been filed probably everything has been stayed pending the outcome.