Legal Question in Wills and Trusts in Alabama

Power of Attornery

A woman is dying. She grants a basic ''Power of Attornery'', to her daughter. The woman is competent until the day of death. Before she dies, her daughter uses the Power of attornery to add her name to a CD bank note as joint owner, and uses the Power of attornery to write herself checks to pay her personal bills from her mothers account. IS THIS LEGAL? The daughter then transfers funds from her mothers checking account into a new checking account, in her own name, before the estate account is set up. She then writes checks from this hidden account into her old personal account, over $28,000 so far. IS THIS LEGAL? Thank you


Asked on 5/14/01, 12:13 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Power of Attornery

Usually, the power of attorney provides specific rights to the attorney in fact. These powers do not allow for the invasion of assets for personal use. While this would not be the same as a trust and trustee, there may have been a violation of a fiduciary duty.

Read more
Answered on 6/22/01, 9:52 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Alabama