Legal Question in Elder Law in California

My close friend has passed away 3 weeks ago she had 2 son's and 1 daughter the the older son decides to make him self the power of attorney he's brother and sister feel that he may have spent some of the money for her services and cremation minds you this is going on 3 weeks now and he refuses to answer there questions regarding there mother and they just want to put her to rest this should have been done within the first few days but now they feel helpless is there anything they can do to revoke him being power of attorney

Asked on 4/03/17, 11:36 am

1 Answer from Attorneys

There is no such thing as a power of attorney for a dead person. It is also not legally possible to make oneself a power of attorney. Only a living person can give a power of attorney to anyone, and all powers of attorney legally cease to exist upon the death of the person who gives it. So anything the older son has done or is doing under a purported power of attorney is completely illegal and fraudulent. The power of attorney doesn't need to be revoked, since it is already totally invalid.

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Answered on 4/03/17, 11:49 am

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