Legal Question in Wills and Trusts in California
Powers of Attorney
My sister's husband gave general power of attorney to his brother at the hospital because she was not there before his surgery. No,he claims he made a mistake and wants to give it back to her. He says in order to do this, they have to get a lawyer to revoke the first one.
She is his legal wife.
A. Does a General Power of Attorney have privileges over a legal marriage?
B. Can't a Power of Attorney be revoked without going to an attorney?
1 Answer from Attorneys
Re: Powers of Attorney
The power of attorney can be revoked without a lawyer's assistance. The general power of attorney would be effective for the husband's separate property and his half of community property, but it would not allow the attorney in fact to control the wife's half of their community property.
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