Fresno, CA asked in Elder Law for California

Q: Is there a way to get Power of Attorney removed from someone?

My brother and I feel our sister who is the POA is spending way too much money on herself -- our Mother is in a care facility and has limited needs.

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1 Lawyer Answer
Konstantine A Demiris
Konstantine A Demiris
  • Elder Law Lawyer
  • Walnut Creek, CA
  • Licensed in California

A: If a person is a power of attorney or "agent" of the principal in California, then they are limited to acting in accordance with California law and the four-corners of the power of attorney. A power of attorney, in most cases, is not allowed to spend money on his/herself and is only allowed to spend money for the benefit of the principal. Some powers of attorney allow for reimbursement and/or payment of fees. You should contact a lawyer immediately if you have reason to believe that a person acting as a power of attorney is actually spending "way too much money" on herself, is spending money for any purpose other than for the benefit of the principal, or spending money contrary to what is stated in the POA.

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