Full question:
My sister lives in California. My mother had a stroke in Florida where she lived. My sister took my mother to California for the last 3 years during which time she had my mother make her power of attorney and then deemed her incapable of making any decisions for herself. My sister has now sold my mothers house in Naples, Florida without ever discussing it with me. Do I have any legal way to stop this sale from happening? Can I contest her changing of the Power of Attorney?
- Category: Power of Attorney
- Date:
- State: Illinois
Answer:
A power of attorney (POA) allows someone to make decisions on behalf of another person, known as the principal. The agent, or attorney-in-fact, must act in the principal's best interest and follow their directions. For a POA to be valid, the principal must have the mental capacity to sign it at the time of execution.
If your mother was deemed incapable of making decisions when she signed the POA, you may have grounds to contest it. You can also challenge the sale of her house if you believe your sister is not acting in her best interest or is abusing her authority.
If the agent breaches their fiduciary duty, which includes acting against the principal's interests or profiting from their decisions, you can seek legal remedies. These may include requesting an accounting of the agent's actions, claiming breach of fiduciary duty, or alleging financial abuse under California law (Cal. Welf. & Inst. Code § 15610.30).
To report suspected elder abuse or financial exploitation, you can contact the California State Attorney General's toll-free hotline at , which will connect you to your county's Adult Protective Services agency.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.