Legal Question in Wills and Trusts in California

A Family Trust was made in 1996, with a Power of Attorney. In 2006 a Durable Power of Attorney was made by a Norary Public, which one is valid?

Asked on 2/09/10, 3:22 pm

3 Answers from Attorneys

Joel Selik

There is no reason why they both cannot be valid (the Trust and the 2006 Durable Power of Attorney). The 2006 Durable Power of Attorney most likely revoked prior power of attorneys, but not the trust.

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Answered on 2/14/10, 3:26 pm

James Bame San Diego Law Office

Has a conflict arisen? If the person with power of attorney starts to amend the trust, which affects your interest you may want judicial intervention. Contact me directly.

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Answered on 2/15/10, 10:15 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Unless there is specific language in the second POA that revokes the first, they both could be valid. From what you are saying, it is not even clear that there is a conflict between the two.

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Answered on 2/18/10, 11:10 am

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