Longs, SC asked in Estate Planning, Elder Law and Probate for Washington

Q: Can. POA take cars, tractors etc from my fathers home and keep for himself. I’m the sole beneficiary of the estate. 100k

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a guardian and conservator appointed for the principal.

If your father is deceased, be aware that POAs expire automatically at death. Nobody has the authority to take or even move assets without being appointed executor of the decedent's estate by court order. If you are dealing with someone trying to take control of assets without being the appointed executor, file a police report for theft or conversion and also hire a probate attorney to get an executor appointed for your father's estate.

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