How to trigger POA

[Clef]

What is the name of your state? California

Hello, I am wondering if in a blended family where one parent appointed their kid as POA should their spouse not be able to deal with their affairs anymore and the other parent appointed their kids as POA for their stuff how it works when both parents are incapacitated but you have the one side upholding the role of the incapacitated parent to be able to not allow the POA to go through for the other parents kid when it is clear that both spouses no longer are handling their affairs. There is an estate plan but without cooperation or doctor certification of incapacity there seems to be no way to carry out the wishes of the one parent who wanted their kid handling stuff.

 

[Taxing Matters]

Your post isn't quite clear enough for me to tell exactly what is going on, and I've not read the powers of attorney (POAs) that were done. In particular it matters whether the POAs are durable POAs (which are POAs that expressly say that the agent (the kid to whom the POA was granted) may continue to act under the POA if the principal (the parent in this case) becomes legally incompetent. If it's not a durable power of attorney and the principal is legally incapacitated then the POA becomes void and can't be used anymore. It also matters exactly what powers were given to the agent. There is one problem I see, which I'll illustrate by example. Henry executes a POA that states his son Alan to handle the affairs of Henry's wife Betty if she becomes incompetent. Henry can't appoint an agent for anyone but himself. Henry's attempt to make Alan the agent of his wife Betty would be invalid because Henry doesn't have the authority to do that unless Betty executed something in writing before that which authorizes Henry to make that appointment. From what you've said the claimed agent needs to see an attorney to find out of the POA is good and what options the agent has to deal with whatever the situation is that is causing conflict between the children of each spouse.

 

[TrustUser]

this post only has meaning for you, if these parents are still competent. i live in california, and i can tell you from actual personal experience that using a poa is about the worst avenue you can take, to get things done. luckily, most of my stuff was done as trustee. companies are hesitant to accept poas, because they dont want to take on the responsibility. the more power the poa has, the less companies want to deal with it. so if you have a poa to take care of a particular bank account, or tax return, or something specific - they will probably work for you. if you have some complete poa that gives you the power to do everything, good luck. i had to use poas to deal with social security, retirement plans, and some old govt bonds. the rest i handled in trust. i can just imagine in your case if there is any argument about which poa to use - they wont get involved at all

 

[rodriguezs0804]

The Power of Attorney (POA) documents in California are usually intended to take effect in the event that the principal becomes incapable of managing their own affairs or becomes incapacitated. In the event when both parents in a blended family designate their children as their agents via a durable power of attorney, each agent's authority is typically unrelated to the other.

Conflicts can, however, occur, particularly if one parent challenges the other parent's designated agent's authority. It's crucial to take into account the conditions of the estate plan and any existing legal instruments in such circumstances. Family members must cooperate and communicate with one another.

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