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 »
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 »
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 »
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 »
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 »
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 »