Contesting Durable Power of Attorney
If a sibling was originally granted duarable power of attorney over my mother, what legal recourse do I have to contest if the sibling seems to be acting in her own interest and not my mother’s? Also, the sibling may seem to have questionable actions that in the past could potentially threaten the well being of my mother’s estate.
Re: Contesting Durable Power of Attorney
If they are doing something to your mother’s detriment you can file an action in the probate department of the Superior Court in the county in which she lives dealing with elder abuse. When you say a “questionable actions” that leaves the myraid a fax situations to the fantasy. You must be much more specific for anyone to give you good, commonsense advice. Especially when you say threaten the well-being of your mother’s estate. A durable power of attorney is usually one which deals with her personal situation applicable to whether or not she gets what does not get medication, life-support, etc.. Or are you talking about a power of attorney applicable to her assets. In that case may be she should have a conservatorship and you should petition the court for a conservatory to be appointed. Having practiced law in this area for over 30 years there are more than one alternatives which you could take but you must see an attorney who is, like myself, well-versed or expertise in probate/elder law. So, turn off your computer and go maket an appointment with an attorney and give them all of the facts, specifically with names, dates, times, amounts and not just big generalizations and they can then advise you accordingly.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Michael Olden
Law Offices of Michael A. Olden
1035 Alta Mesa Drive
Moraga, CA 94556