Legal Question in Wills and Trusts in California

Does a durable power of attorney give up all rights to make decisions, even if the person is in normal mental state. done in 1987.


Asked on 11/12/10, 12:25 pm

2 Answers from Attorneys

James Goff James R. Goff, Attorney at Law

No. A durable power of attorney can be voided at any time at the election of the person who signed it.

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Answered on 11/17/10, 12:35 pm

Furthermore giving a POA is not any kind of surrender of rights to make decisions. It is not the same as a voluntary conservatorship. All it means is that the attorney in fact has been granted the rights to do the same things as the grantor could do themselves. It doesn't mean the grantor cannot do them if the grantor is physically and mentally capable of doing them.

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Answered on 11/17/10, 3:38 pm


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