How do I dispute a fraudulent POA filed by my sister?
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How do I dispute a fraudulent POA filed by my sister?
I was named POA and appointed Trustee of my mother’s estate in 2010. Doctors deemed her mentally incapacitated have 3 doctor’s letters to confirm. Been living with and caring for mom since. My sister who has a colorful past and an active restraining order took my mother from our home when I wasn’t home. She coerced mom to sign a cookie-cutter online POA appointing her. Sis presented ‘her’ POA to banks, renters, and insurance companies. She’s been intercepting rental income and accounts have been frozen making it impossible to maintain financial integrity of the Trust. Mom hasn’t had capacity since 2010 so my sister’s POA is illegal. What legal approach can I take without significant financial impact to mom’s estate?
Asked on July 19, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You'd have to sue your sister in chancery court (the part of county court which issues orders and not just monetary judgements) for a court order invalidating her POA and ordering her to return anything she has diverted or taken. You would sue as the agent or attorney-in-fact (those are the terms for the person given power by the POA) on behalf of your mother, and would have to prove in court that her POA is invalid, either by presenting evidence that your mother was incapacitated when she signed it, or that your mother was coerced to sign it, or that her signature was fraud.
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