California  |  Wills and Trusts

Legal Question

Asked on: 9/26/13, 5:20 am

Does a power of attorney for financial purposes work? My dad died. My sister has access to all the trust money, the properties etc. We own and manage a lot of properties. She pays everything for my mom. There were 3 saving accounts with over 4k in each when my dad died. Along with a working business checking account where all the rental income goes. The savings accounts are either empty or closed now and she refuses to show statements. Since dad died, mom doesn't want to do much. She is still all there and just doesn't want to fight my sister. She agrees that my aunt can act on her behalf. Would a power of attorney get my aunt into the statements and make changes to the trust? I've been working with an attorney who wants 10k retainer that i don't have.

3 Answers


Answered on: 9/26/13, 7:14 am by Anthony Roach

A power of attorney is automatically revoked upon the death of the grantor of the power of attorney. It does not survive death.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

Other answers from this attorney

Answered on: 9/26/13, 9:20 am by Scott Jordan

Mr. Roach is correct. However, your mother can appoint an agent who can take over on your mother's behalf.

How is your sister accessing the accounts now?


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Jordan Law Office 319 Diablo Road, Suite 202 Danville, CA 94526

Other answers from this attorney

Answered on: 9/26/13, 9:34 am by Victor Waid

I agree with both of counsel. However, I suggest you shop for another attorney for mediation between yourself, sister and mother, to come to an agreement as to who and how the rental properties are to be managed; technically your mother needs the attorney to represent her for trust administration, now that father has passed; I suspect she is the trustee of the trust.;otherwise, you are looking at potential trust litgation and as a beneficiary of the trust are entitled to an accounting.Try for mediation.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Office of Victor Waid 777 Campus Commons Rd., Suite 200 Sacramento, CA 95825

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search