Legal Question in Wills and Trusts in California

Questions about Power of Attorney abuse.

I was wondering what the law is in california on the following. If a person leaves a power of attorney for financial. to pay bills. The house was signed over to the power of attoeney so that if something happened to him it would not go into probate. the power of attorney has taken it upon herself to change the deed of the house to her being the soul owner and has taken a large loan out on the house and sold the house. Is this legal? There are still legal residents in this house. The house was never in danger of going into probate before she took out the loan. What can we do about this. It is very urgent. Any information would be greatly appriciated.


Asked on 2/09/07, 12:21 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Questions about Power of Attorney abuse.

If the actions taken were not for the benefit of the principal (the person who made the power of attorney), someone should sue the agent to undo them or get the money back from her, and do it quickly while there's still a chance of getting some money back.

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Answered on 2/09/07, 11:42 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Questions about Power of Attorney abuse.

if the original owner of the property is still alive, a complaint should be filed against the agent for fraud and violation of fiduciary duties (and perhaps elder abuse). if the original owner was deceased at the time of the actions, this was illegal (a power of attorney expires at death) and a similar complaint should be filed against the agent. in any case time is of the essence.

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Answered on 2/12/07, 11:47 am


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