Do you need Calfornia residency to have power of attorney/trustee in California?
My mother lives in California and I live in Virginia, which makes the situation difficult. My mom has given my sister tens of thousands of dollars for many reasons and my sister continues to stall and not pay her back. My sister told my mom that she sued the Social Security Ad. and was awarded $400,000 but my sister’s lawyers are holding the money. That was the story last year. Now the new story is that the bank is holding the check. I know my sister is misrepresenting the truth and now she has convinced my mom to open a bank account at her bank. Is it possible for my sister to access my mom’s account? In addition my sister has durable power of attorney for both financial and health reasons, which is a big concern because of all the money she owes my mom. What actions do I have avaible to get my sister to pay back my mom and can I be made power of attorney and trustee if I live in Virginia and my mom lives in California?
Thank you,
A concerned son
Re: Do you need Calfornia residency to have power of attorney/trustee in Califor
Where does your sister live? Virginia or California?
You should be able to go to the courthouse and check the file to see what is the status of the lawsuit, if any.
Generally, there is nothing that you can do, but many things your mother could do, to change the situation. You could suggest things to your mother, but everything is going to depend upon her.
Often durable powers of attorney are very badly written, in my opinion, in that they are not limited to situations in which the grantor of the power is disabled, but take effect immediately. That could be a problem.
Jonathon Moseley
Office of Jonathon Moseley
1818 Library Street, Suite 500
Reston, VA 20190
Re: Do you need Calfornia residency to have power of attorney/trustee in Califor
I’m sorry to hear about your situation. You did not mention your mother’s competency level. If she is still competent, she can revoke the powers of attorney and, it sounds like she should do so. If your mother is not competent, you (or someone) will have to apply for a conservatorship, which is essentially a guardianship for an adult. If you don’t feel capable of handling it yourself, there are professional trustees/conservators available who can help you.
The other issue that sticks out in your case is that it appears your mother is vulnerable to undue influence. In other words, even if mom cancelled the powers of attorney, it sounds like your sister would continue to beg her for handouts. If this is the case, your sister could easily get a new power of attorney written, create a new estate plan, or put herself on your mother’s assets. The best protection for this type of behavior (besides constant and detailed monitoring) is a conservatorship.
You didn’t mention where your mother is located. I would recommend you find an attorney in your mother’s general proximity and discuss these issues further.
Scott Schomer
Schomer Law Group
8740 Sepulveda Boulevard, Suite 107
Los Angeles, 90045
Re: Do you need Calfornia residency to have power of attorney/trustee in Califor
it is not clear whether the existing powers of attorney were prepared by an attorney who is acting in your mother’s best interests.
if you can convince your mother that she needs assistance in dealing with your sister, you can recommend that she retain her own attorney to review her situation and take action as necessary.
Donald Field
Donald L. Field, Jr., Attorney at Law
400 Montgomery Street, 6th Floor
San Francisco, CA 94104-1217