How do I dispute a fraudulent POA filed by my sister?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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