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Do i need family approval on financial decisions if I am the agent on my mom's power of attorney? I am the daughter.

Springfield, IL |

I hope to sell her house within the next month.

Attorney Answers 3

Posted

Legally, so long as your actions are within the scope of a valid power of attorney, and you’re acting in your mom’s best interest, I do not think you need to get your family’s permission. What preserves the peace in your family is a for more complex topic.

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5 lawyers agree

Posted

Technically you do not need their approval, but politically and from an inter-family personal perspective it is always a good idea to at least keep them informed and get approval if possible.

A prenuptial agreement if properly drafted and followed should protect your family. However, your father could have been more genereous than the agreement required and that is usually permissible under the agreement. Make sure there was no undue influence or duress if this was the case. You need to have this agreement and the situation reviewed by an estate attorney to be sure of where your family stands.

Your dad's will once probated is a matter of public record. The step mom's will is a private document that you have no right to see.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

If you possess a legally valid power of attorney (naming you as attorney in fact), you may act within the scope of that power of attorney and on behalf of the person who executed the document.

Keep in mind however that the power of attorney must have been executed when the individual signing same was of sound mind and capable of naming an attorney in fact.

I have run across situations where a family member holds a power of attorney, but the document was signed at a time when the signatory was mentally incompetent. Such a documen is without legal authority. A signatory to a power of attorney must be mentally competent at the time he/she executes (signs) the power of attorney document. Of course, the document must also comply with the requirements of the law of the state in which the document is executed.

Maintaing intra-family harmony is quite another matter and beyond the scope of my professional expertise.

Disclaimer: The information contained in this answer is not legal advice, does not establish an attorney-client relationship and is offered for informational purposes only. Individuals with questions or problems in any area of the law should consult a qualified attorney licensed to practice in the individual's jurisdiction.

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