Legal Question in Wills and Trusts in California

power of attorney protest by relative

In 1999 my mother asked me to have her power of attorney to help with signing some legal items. She has since died in 2003 and now my brother is saying she was not mentally qualified to sign. Shouldn't he have said that a long time ago? he was aware. no major money involved.


Asked on 9/12/07, 10:55 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: power of attorney protest by relative

If he were going to take legal action he should have done so before now. He snoozed, he loses.

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Answered on 9/12/07, 11:50 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: power of attorney protest by relative

A little late now. If it was a durable power of attorney, the power survived you mother's incapacity.

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Answered on 9/13/07, 12:54 am


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