Legal Question in Elder Law in California
Can the first person named as agent, in a durable power of attorney, delegate his authority to someone other than the second person named, without the consent of the second person? There are no solid grounds for the first person to do this, although the first person falsely denigrates the second person. The subject is demented and incompetent, but would not approve.
Asked on 1/08/11, 11:05 pm
2 Answers from Attorneys
James Cunningham Jr
CunninghamLegal
Unless and until the first agent resigns, dies, is declared incompetent by a court, or is removed by a court that person is the agent. Whether the person can "delegate" the power depends on what the document states about delegation of authority.
Answered on 1/14/11, 7:50 am
Unless the power of attorney document permits delegation, the authority under a power of attorney cannot be delegated.
Answered on 1/14/11, 5:09 pm
Related Questions & Answers
-
What information would i need to prove that my dad is incompetent? Asked 1/07/11, 1:00 pm in United States California Elder Law
-
My oldest sister has been married (her first) for 20 years to a man who has been ill... Asked 1/04/11, 12:43 pm in United States California Elder Law
-
The Los Angeles Public Guardian gained control of a Senior Citizen's assets in... Asked 12/28/10, 8:17 pm in United States California Elder Law
-
My mom dies what do i do with the will how do i transfer her property into my name Asked 12/28/10, 11:10 am in United States California Elder Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
