Skip to main content

Can my sister become power of attorney of my mom and her home without the consent of a living sibling?

Elk Grove, CA |

My mom is 85 years old and owns her home . She is incapacitated and is bed ridden . My sister and I are the only siblings . I was living in the home for 47 yrs . until recently I moved out with my own family . So I talked to her about protecting the property in case something happens to mom . So I haven't heard nothing back from her . Mom had a caretaker and she fired her and starting taking care of her and even moved in recently . So long story short I decided to do some digging cause something didn't seem right . I found out she got mom ( who is supposed be be incapacitated ) to signed papers to give her power of attorney and put the house in her name . So now I'm thinking what do I do now . How can I protect my interest in the property and how could she legally do that without consulting with me ?

Attorney Answers 3

Posted

Disclaimer: The materials provided below are informational and should not be relied upon as your legal advice.

You are correct, you mother needed to have proper mental capacity to execute any deed, estate planning materials, or powers of attorney. If you feel someone has unduly influenced your mother to execute those documents, you should immediately consult an attorney.

Mark as helpful

1 found this helpful

4 lawyers agree

3 comments

Asker

Posted

Yes she dosent but ive been reading similar cases that my sister can be poa if mom is unable and that my sister can take over the property..she even said she's thinking of putting it in her son's name. Im like ok you may go sign paper =s to be poa for her son's name..she didnt even discuss any of this with me.

Asker

Posted

sorry about that i meant she said shes going to be mom's poa but said nothing about taking over the home in her name and now my sister said something about putting the home in her son's name.

James P. Frederick

James P. Frederick

Posted

There may be a breach of fiduciary duty and self-dealing, if your sister transferred the home to herself under the POA form. A lawyer would need to review what has been done, to determine how best to proceed.

Posted

If mom has/had capacity she can make anyone she wishes her agent under her POA. She doesn't have to notify anyone else.

If she does not have capacity, she cannot legally make someone her agent. A guardianship proceeding would be required to name a guardian of the "ward" or invalidate the "bad" POA. In that case, interested parties are entitled to be notified of the proceedings and make objections (you would be an interested party).

You need an attorney to assist you right away.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

MY colleagues are correct; you need to consult with a local attorney for assistance. That being said, your mother is not able to execute a power of attorney appointing an agent for her, if she does not have the requisite mental capacity. As for notification, your mother, if she has the proper mental capacity, is not obligated to let anyone know about the POA.

Again, I would suggest that you consult with local counsel to explore the specific facts of your situation.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

Mark as helpful

1 lawyer agrees

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics