California  |  Wills and Trusts

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2/28/11, 1:00 am

Legal Question


I am the agent in my father's durable power of attorney and he gives me full power to act on his behalf. Under powers section 1.15 ALL OTHER MATTERS it reads he gives me the power to act as his alter ego with respect to all matters and affairs that are not included in the other provisions in this Power, to the extent that a principle can act through an agent.

Does this mean I am like my father being everything outside of the trust? The amplifying provisions state RATIFICATION and says all instruments of any sort entered into in any manner shall bind his estate, heirs, successors, and assigns. I believe that gives me the power to revoke trusts. He expresses power to create modify and revoke trusts in power of attorney stating that this paragraph, (the paragraph talking about the powers) says shall not be construed as limiting the authority of my attorney in fact to exercise any power.

On the last page with all signatures it reads, "Explanation of Durable Power for Property Management" lastly stating "the powers granted in this Power will exist for an indefinite period of time" Does all this mean I am my father in relation to his property after he dies? Does these powers continue until I die? Thankyou for your expertise, respectfully, Jon C.


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