Q: our daughter was given POA by her Father. She has over stepped what was asked of her. Do I have any recourse?
all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.
A: In California, a Power of Attorney (POA) authorizes someone to act on behalf of another in legal or financial matters. If your daughter has overstepped her authority as granted by the POA, there may be legal remedies available. If the POA is durable, it continues even if the grantor becomes incapacitated. If you believe your daughter is misusing her authority, you can take steps to revoke the POA or challenge her actions in court. Before taking any actions, it's crucial to review the exact terms of the POA to understand its scope. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
A:
In California, a Power of Attorney (POA) grants the agent (in this case, your daughter) specific powers as outlined in the document. If she is acting beyond those powers or misusing them, you have recourse. You can file a petition in the appropriate Superior Court alleging abuse of the POA and request that it be revoked or limited. It's also essential to review the specific terms of the POA to ensure she is genuinely overstepping her authority. If there's financial mismanagement or exploitation, you may also report it to local law enforcement or Adult Protective Services.
In business matters, you have the right to intervene if it affects your interests. Consider consulting with an attorney to evaluate the POA and strategize the best way to address the situation. Remember, prompt action is often crucial in these situations to protect your rights and interests.
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