Legal Question in Wills and Trusts in Maryland

Can one sibling that has power of attorney take over a parents property (house and land) and tell the other siblings that there is nothing you can do, I have power of attorney? Three of the Five siblings don't have the income to hire a lawyer and feel they have been take advantage of. There has been no exchange of money.

Asked on 2/21/11, 1:21 pm

1 Answer from Attorneys

Charles Stewart Law Office of Charles R. Stewart, LLC

It depends on the wording of the Power of Attorney (POA), but it would likely give the agent the power to do almost anything the principal (parent, in this case) could do. The parent could, however, revoke the POA at any time as long as he or she was competent to do so. Also, the agent MUST act in the best interest of the principal and not him or her self. If the agent is abusing the POA to the detriment of an incompetent parent, you should consult an attorney immediately.

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Answered on 2/21/11, 4:13 pm

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