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Durable POA...does grantor relinquish power?

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J

JoeE

Guest
This question concerns California law.

My mother made me her agent under her Durable Power of Attorney in 1996. She also made me 1st backup trustee for her Revocable Living Trust. Seven years later she is now 84 years old and having considerable trouble with her memory.
(Short term memory sometimes 5 minutes or less.)

My question is:

Does my mother retain the power to sign a Quit Claim Deed for her home to anyone she chooses, or upon granting me her Durable POA did I become the only one who could legally sign real estate transfer/titling documents on her behalf?

Iam attempting to protect her home and estate from an unscrupulous family member who I can anticipate taking advantage of her in her current diminshed mental state, if/when they are ever alone together.

Also, her DPOA grants me power over her finances, real estate and virtually any other estate planning issue.

The following text from the DPOA may be helpful:

"My agent is empowered hereby to determine in my agent's sole discretion the time when, purpose for and manner in which any power herein conferred upon my agent shall be exercised, and the conditions, provisions and covenants of any instrument or document which may be executed by my agent pursuant thereto."

"This durable power of attorney shall not be affected by the subsequent incapacity of the principal and shall remain effective for an indefinite period of years after the disability or incapacity occurs."

Thank you in advance for your advice, experiences or suggestions on how to protect my mother's estate.
 


lwpat

Senior Member
You need to contact an elder care attorney in CA and let him/her review the DPOA and be sure it is properly executed and filed.
He can also advise you of your legal responsibilities and powers.

There are a lot of other issues that come into play, Social Security Medicare etc. with which he will be of assistance.
 
J

JoeE

Guest
I think you are right...Ive been putting it off, but will have to do it before long.
Thanks,
Joe

Anyone else care to reply?
 

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