Can an Alternate DPA (Durable Power of Attorney) sell property without approval from DPA?

Asked over 1 year ago - Saint Louis, MO

I have DPA over my parents estate and my sister has alternate DPA. She entered into a contract with Auctioneer to sell the personal property without my approval, what is my legal right? Can I tell the Auctioneer that these items cannot be sold? The auction is over now and pick up is April 30.

Attorney answers (1)

  1. James P. Frederick

    Contributor Level 20

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    Answered . I think this depends on a couple of things. I want to be sure I understand your facts. When you say your sister "has alternate DPA," do you mean that you are named as the agent and if you cannot act, then your sister is named as alternate agent? OR do you mean that there is a second DPA form that names your sister as the agent? If there are two POA forms, then you may well be stuck. If there is only one form, then more information is needed. Presumably, in that case, your sister would have had to present something indicating that you were unable to act. If that was done fraudulently, then you may have a claim against your sister. It SOUNDS like the auction has already taken place. If that is true, then it is unlikely you will be able to unwind the auction.

    I would suggest that you contact a probate lawyer, right away, to determine whether or not you can (and should) pursue an action against your sister. You also need to clarify what rights your sister has, if any, going forward, with respect to your parent's assets. When you say "estate," I assume you do not mean that term in the sense that your parent has died. If you DO, then it is likely that your sister is not acting under a POA at all, and rather is acting as executor or administrator for the estate. That is a completely different scenario.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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