Legal Question in Wills and Trusts in California
Daughter had POA over father. Daughter is Trustee. The father wrote checks to his wife. Fathers name was on the account in which he wrote the checks. Wife deposited checks the day before father died. Daughter says this is fraud and has contacted the police.
Is this fraud?
2 Answers from Attorneys
Not on the facts you present, but I am sure there must be more. POA only applies if the person is not able to do a certain activity [such as physically be at a location to sign a contract]. The person acts as a substitute. If the husband was mentally competent, he can write a check to whomever he pleases and the POA holder has no right to object. Wife probably needs to speak to an attorney as there will be a fight over husbands estate.
IF Dad had capacity to write checks, if that was not the reason for the POA, then it would not seem likely to be fraud unless perhaps the wife demanded death bed check writing.
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