You’re in a blended family. Your parent remarried. Now they’ve died. And you’re about to learn a harsh truth: the surviving spouse controls everything. You, the child of the deceased parent, have... Read more »
The penalty for stealing from an estate can vary based on the circumstances and severity of the alleged theft. It’s important to note that in some cases, no “penalty” may be imposed... Read more »
The primary alternative to a power of attorney is a conservatorship, which the court establishes when an individual lacks the capacity to manage their own affairs. Conservatorships are more restrictive than POAs and remain... Read more »
Unsure about the role of a power of attorney? Agents who breach or neglect their duties could face legal consequences. It is essential for power of attorney agents to understand their obligations... Read more »
What Can a Power of Attorney Do — And What Can’t They Do? Power Does the Agent Have Authority? Explanation Can an attorney-in-fact sign for the principal? ✓ If a principal becomes incapacitated, they... Read more »
Forging a power of attorney in California can result in both civil and criminal punishment. Most POA disputes are handled in probate court, but the act of forging a document or falsifying... Read more »
How long a POA can be used before death depends on the type of POA, the principal’s capacity and the specific terms outlined in the document. Provided the POA at issue explicitly... Read more »
The cost depends on the situation. If you’re a principal with capacity, changing a power of attorney can be relatively inexpensive. However, if you also need to recover stolen assets or prove agent misconduct, legal fees will likely be involved. For cases involving... Read more »
Yes. A principal may revoke a power of attorney at any time, provided they have mental capacity. If the principal lacks capacity, the POA cannot simply be revoked informally. Instead, an authorized representative,... Read more »
Failing to protect the community spouse can leave the at-home spouse financially vulnerable after years of marriage. # Case Study: The Martinez Family (Sacramento) Maria Martinez, 76, suffered a stroke and required... Read more »