Eekamouse
Senior Member
What is the name of your state (only U.S. law)? California
I have a couple of questions regarding a revocation of power of attorney.
The document was drawn up and executed 15 days before the client died from advanced bone cancer. He could not even sign his own name at that point and the signature consisted of a simple wavy line. At the bottom of the page where it has the client signature again (another wavy line), there is a line below that labeled "Acceptance byAttorney in fact" with the date and a gentleman's signature that is also typed out below the signature. What does attorney in fact mean if anyone can tell me?
Does that refer to the new person who has been given p.o.a. For client? The notary that witnessed this document is a lawyer who is now representing the new durable poa holder in administering the trust. is that normal and ethical for that lawyer to do? There is considerable concern tht the deceased was far too gone to be competent when he signed the document in question. There apparently also was a new will written up that same day and it substantially changed the distribution of assets from the will written and filed approximately 4 years before and it greatly benefits this new poa holder, along with the other person who was there as a witness of this document and for the revocation of poa document. Since the death of the client, many expensive assets have been removed from the residence and requests to be shown the new will have been refused despite the fact that the former person who held the poa for the client is acknowledged to still be in this new will. It's all very confusing. For what it is worth, I personally was in the dying man's bedroom two nights before he died and heard him say that he wanted to put back everything to the way it had been set up so he wanted to go back to the lawyer. He was very upset and also a bit confused sounding in some of his comments but once he was administered his pain killers, he calmed and fell asleep and was never aware and conscious again before he passed on. The new durable poa holder is some old friend of the deceased that popped up about a week before this all went down with these new documents being drawn up. The witness happens to be the deceased person's new caregiver.
I have a couple of questions regarding a revocation of power of attorney.
The document was drawn up and executed 15 days before the client died from advanced bone cancer. He could not even sign his own name at that point and the signature consisted of a simple wavy line. At the bottom of the page where it has the client signature again (another wavy line), there is a line below that labeled "Acceptance byAttorney in fact" with the date and a gentleman's signature that is also typed out below the signature. What does attorney in fact mean if anyone can tell me?
Does that refer to the new person who has been given p.o.a. For client? The notary that witnessed this document is a lawyer who is now representing the new durable poa holder in administering the trust. is that normal and ethical for that lawyer to do? There is considerable concern tht the deceased was far too gone to be competent when he signed the document in question. There apparently also was a new will written up that same day and it substantially changed the distribution of assets from the will written and filed approximately 4 years before and it greatly benefits this new poa holder, along with the other person who was there as a witness of this document and for the revocation of poa document. Since the death of the client, many expensive assets have been removed from the residence and requests to be shown the new will have been refused despite the fact that the former person who held the poa for the client is acknowledged to still be in this new will. It's all very confusing. For what it is worth, I personally was in the dying man's bedroom two nights before he died and heard him say that he wanted to put back everything to the way it had been set up so he wanted to go back to the lawyer. He was very upset and also a bit confused sounding in some of his comments but once he was administered his pain killers, he calmed and fell asleep and was never aware and conscious again before he passed on. The new durable poa holder is some old friend of the deceased that popped up about a week before this all went down with these new documents being drawn up. The witness happens to be the deceased person's new caregiver.
Last edited:
