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

Asked over 1 year ago - 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)

  1. Robin Mashal

    Contributor Level 19

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    Answered . 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.

  2. Steven M Zelinger

    Pro

    Contributor Level 20

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    Answered . 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... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

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    Answered . 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... more

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