Legal Question in Family Law in California

sister giving power of attorney by mom,i liveand take care of mom who has had 2 strokes ect...keep simple.. come home one day ,momwith my sister.im told the home has been sold and have 9days to relocate.at time ofpower of attorney.mom had a will and estate planning done giving all 3 children equal shares.what do I do!


Asked on 1/10/17, 4:48 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Talk to a lawyer in person to see if there is a case for breach of fiduciary duty under the POA and/or elder financial abuse. If your mom was not fully mentally competent when she gave the POA it is invalid and anything done with it can be undone, OR if at the time anything was done by sister using the POA mom was not mentally competent, then unless the POA was a "durable" POA, it expired and anything done under it is voidable. If your mom was fully competent, however, unless you can prove abuse or undue influence, your mom and sister are entitled to do as they please.

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Answered on 1/10/17, 5:11 pm


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