Legal Question in Elder Law in California

I live in CA and my sister in law has Durable POA for her stepdad who is becoming more frail, but still seems to have his mental faculties. Can she in any way prevent him from selling his house in CA and moving to NV where he can receive better care from his daughter there? He prefers to sell his home in CA and move to NV, but the dtr with Durable POA says she will not let him move. Can she do that?

Asked on 12/12/16, 8:03 pm

1 Answer from Attorneys

No. A power of attorney does not allow the attorney-in-fact (that's the term for the holder of a POA) to prevent the grantor of the power from doing anything. It takes a conservatorship order before anyone can stop a person from acting on their own behalf. A power of attorney only gives the attorney-in-fact the authority to act in the place of the grantor of the power, not stop the grantor from doing anything. If he is that at odds with her about his wishes, though, and he truly is still fully mentally competent, he probably should just revoke the POA to eliminate any doubt about the situation.

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Answered on 12/13/16, 9:56 am

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