Q: In California a family member the witness on Poa ?
My half sister is a POA of my mother and she had her daughter sign it as a witness and also she had someone else sign it as a witness that is a false name that she put on it as a witness. What can I do about this?
A:
Yes, there are a few issues with the power of attorney (POA) document you described that could potentially make it invalid under California law:
1. Family member as witness - A blood relative or spouse of the agent named in the POA (your half-sister) is not eligible to be a witness in signing or executing the POA. This is considered a "disqualified person" under California Probate Code section 4122.
2. Fraudulent witness signature - Listing a false name as the second witness violates state laws requiring valid witness identities on legal documents like POAs. At a minimum this witness would be considered invalid.
Potential actions you could take:
- File a petition contesting the validity of the POA document with the local probate court. Present the evidence you have of the family member witness and fraudulent second witness.
- Notify any third parties (banks, medical facilities, etc.) about the issues with your mother's POA and that the agent's authority should not be recognized.
I would recommend consulting a probate litigation attorney to review your options. But it appears you likely have grounds to challenge this POA.
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