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Power of Attorney
Am I entitled to written notice if removed as power of attorney?

Am I entitled to written notice if removed as power of attorney?

Q: What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding the principal's will, vote on behalf of the principal in elections, or make medical decisions if the principal has specified otherwise in a living will. Additionally, the agent cannot act outside the scope of authority granted in the power of attorney document.

Full question:

I am named as having power of attorney in my mother's living trust. If I am removed and another person is named, does the law require that I be notified in writing.

Category: Power of Attorney
Subcategory: Living Trust
Date: 04/07/2025
State: California

Answer:

Notification is not legally required unless the trust document states that notice must be given. If a power of attorney is recorded, some laws require that any revocation of that power also be recorded. This helps protect the principal from unauthorized actions by the agent, especially in transactions with bona fide purchasers for value.

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.

FAQs

Can a power of attorney be transferred to another person?

No, a power of attorney cannot be simply transferred to another person. The original agent can resign, and the principal can appoint a new agent, but this requires a new power of attorney document. The principal must explicitly state their intention to revoke the previous power and designate a new agent. If the original power of attorney is recorded, the revocation should also be recorded to ensure clarity and prevent unauthorized actions.

What is an example of abuse of a power of attorney?

Abuse of a power of attorney occurs when the agent uses their authority for personal gain rather than in the best interest of the principal. For example, if an agent sells the principal's property and keeps the proceeds for themselves, this would be considered abuse. Such actions can lead to legal repercussions for the agent, including potential criminal charges.

What three decisions cannot be made by a legal power of attorney?

How do you prove power of attorney abuse?

To prove power of attorney abuse, gather evidence such as financial records, correspondence, and witness statements that demonstrate unauthorized transactions or decisions made by the agent. Documentation showing the principal's intent and any discrepancies in the agent's actions compared to the principal's wishes can strengthen the case. Consulting with an attorney can help navigate the legal process.

Does a trust override a power of attorney?

A trust does not automatically override a power of attorney; they serve different purposes. A power of attorney allows an agent to make decisions on behalf of the principal, while a trust manages assets for beneficiaries. However, if the trust document specifies that the trustee has authority over certain decisions, that authority may take precedence over a power of attorney in those matters.