Legal Question in Wills and Trusts in California
i know the power of attorney stops at death of settlor. The last page in the power of attorney reads, EXPLANATION OF A DURABLE POWER FOR PROPERTY MANAGEMENT and reads, "The powers granted in this Power will exist for an indefinite period of time". My father gave me full power to act on his behalf. In the power of attorney it states that I can prosecute, institute, etc. and my sisters attorney swindled me out of my property my father gifted me outside of the trust before he died. Can I prosecute attorney and my sister? Respectfully, JC
1 Answer from Attorneys
By law, the power of attorney expires upon death of the power giver, your father. After he dies, the power dissolves and you can't use that document any longer as authorization to act on behalf of your father or his estate. That authority would have to come from being appointed the personal representative of your father's estate.
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