What Is the Penalty for Abuse of Power of Attorney?

What Is the Penalty for Abuse of Power of Attorney?

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 »
Can a Power of Attorney Sell Property Before Death?

Can a Power of Attorney Sell Property Before Death?

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 »
Can You Change Power of Attorney Without Consent?

Can You Change Power of Attorney Without Consent?

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 »
How to Change Power of Attorney for Someone With Dementia

How to Change Power of Attorney for Someone With Dementia

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 »
Powers of Attorney That Actually Work in a California Emergency – California Probate and Trust, PC

Powers of Attorney That Actually Work in a California Emergency – California Probate and Trust, PC

If you’re a California resident helping aging parents, planning your own care, or simply trying to ensure your family won’t face bureaucratic nightmares during a medical crisis, you already know that a... Read more »
People ex rel. Becerra v. Shine: Charitable Trust Enforcement and Attorney Fee Awards in California – California Legal Guide | CPT Law

People ex rel. Becerra v. Shine: Charitable Trust Enforcement and Attorney Fee Awards in California – California Legal Guide | CPT Law

California Legal Implications: Trustee Accountability and Attorney Fees A significant ruling by the California Court of Appeal has reinforced the strict financial liabilities trustees face when they mismanage trust assets. As detailed... Read more »
Can Emails to Your Attorney Amend Your Trust? California Court Says No.

Can Emails to Your Attorney Amend Your Trust? California Court Says No.

If you’re managing a revocable trust in California, you might assume that expressing your wishes in an email to your estate planning attorney is enough to change how your assets will be... Read more »
Attorney Allegedly Spent 0,000 Intended For Client Home Purchase

Attorney Allegedly Spent $750,000 Intended For Client Home Purchase

Lawyer Peter Giattino is facing felony charges for allegedly stealing $750,000 from a real estate client. He’s accused of spending the funds on gambling and other personal expenses. Long Island, New York,... Read more »
Understanding Grossman v. Wakeman: What Executors and Personal Representatives Need to Know About Attorney Duties in Estate Planning

Understanding Grossman v. Wakeman: What Executors and Personal Representatives Need to Know About Attorney Duties in Estate Planning

Who This Article Is For: If you’ve been named as an executor or personal representative in California and are navigating the complex legal duties of administering an estate, understanding your rights—and the... Read more »
Can Prevailing Defendants Recover Attorney Fees in Elder Abuse Cases? Understanding Gamo v. Merrell

Can Prevailing Defendants Recover Attorney Fees in Elder Abuse Cases? Understanding Gamo v. Merrell

If you’re an executor or personal representative defending an estate against financial elder abuse claims, understanding your rights to recover legal costs is critical. A recent California appellate decision provides crucial clarity... Read more »