Are felons eligible to be appointed power of attorney over their parent?

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Are felons eligible to be appointed power of attorney over their parent?

My grandmother is 91 and very ill. She has 3 sons and 1 daughter. The daughter is a convicted felon and has been steeling from grandma. My grandma wants to give POA to the middle son but we are worried that the daughter may try to coherce grandma into giving her the POA instead. Can she do that? Can it be changed once signed? Of course, we live in CA and I am sure each state is different.

Asked on January 10, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your situation.  No, the law is pretty standard on the issuance of a power of attorney and the subject of coercion or undue influence as it is commonly called.  And no state looks kindly on the matter.  Grandma can name whomever she wishes as POA.  She is the one that can only rescind it or change it and it dies when she does.  Now, if she is elderly and ill you should consider having someone appointed as her conservator (person and estate) if all the other documents are not in place: Will, health care proxy, etc. As conservator you can make sure that her funds are not depleted.  You can also make inquiry in to the prior taking of the funds and go after the thief.  Undue influence always raises a right to challenge transactions so keep that in mind.  Seek legal help in your area.  Good luck.  


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