Legal Question in Wills and Trusts in New Hampshire
power of attorney
can my brother-n-law who has power of attorney for my father-n-law, cash in stocks that are in the will to be left to my husband and their sister? he already gets the house..this extra cash would be used for large purchases.(larger house for example)..and not for necessities such as paying bills, food, etc..
2 Answers from Attorneys
Re: power of attorney
What you propose sounds as if the person acting by power of attorney is breaching his fiduciary duties. You could challange his fitness and have the court order him removed. Contact me if you wish to discuss the case in further detail.
Re: power of attorney
A power of attorney is required to be used to carry out the wishes of the principal (your father-in-law in this situation) and not those of the agent (brother-in-law).
There are a variety of questions which would have to be answered in order to determine whether the brother-in-law's conduct is permissible, including whether your father-in-law is aware of what is going on, but it is possible to challenge the acts of an attorney-in-fact (the brother-in-law) if they breach the obligations to the principal (the father-in-law).
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