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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101411
Experience:  Lawyer
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I have questions about the person's will and power attorney,

Customer Question

Hi there, I have questions about the person's will and power attorney, like to get advice from lawyer, can somebody help me?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Does the father want the son to still have authority under the POA?

Customer: replied 1 year ago.
Hi there, What does POA stand for? Can we talk on the phone will be easier for me
Customer: replied 1 year ago.
I have not getting an answer from my Question I sent on December 31, '15. which I already paid and being charged the amount by your lawyer firm,I prefer talk on the phone that will be more clear and fast to me from typing. My question is:
Hi there,
My question is: The father is still alive but can't walk, his brain totally function normal. He gave his power attorney to his son. The father has a girlfriend. The father rent a place for his girlfriend to live for 4 years now but the rent contract is due in January 2016, The father like to renew the contract but son will not do it. His son tell the rental office said that he has done his part. Rental place contract was sign by the father. The girl friend is in the father's will that she gets 100,000. but his son who is power attorney offer to his father girlfriend 30,000 instead of 100,000. the son said he will ask lawyer to remove that 100,000 from his father's will if I accept. I'm that "girlfriend" with my son, I have a job but does not make enough money to cover the rent. I'm so desperately fighting with his two sons, I like to know what the legal right they have. Can the son who is power attorney sign by his father change his father's will. The father keep saying that no one can change his will. besides, that will was made when he was healthy, he could manage everything by himself many years ago. Does the son have any right to do thing different from his father said? Does his son can change his father's will? Please advise, I'm desperate and struggling right now. Thank you. Have a Happy New Year!
Expert:  Debra replied 1 year ago.

I cannot speak to you on the telephone as the rules of my law society prohibit that as you are not my client. May I continue by posting? If so I will answer now.

Customer: replied 1 year ago.
please do!
Expert:  Debra replied 1 year ago.

OK.

Just to start a POA is short form for Power of Attorney!

And the basic answer is that the son who is appointed under the POA most assuredly cannot change the Will but what I wanted to know is whether the father wants to change his POA.

Customer: replied 1 year ago.
Please continue and posting it accort To my question if you can't phone.
Expert:  Debra replied 1 year ago.

I don't think you saw my reply. Here it is again:

OK.

Just to start a POA is short form for Power of Attorney!

And the basic answer is that the son who is appointed under the POA most assuredly cannot change the Will but what I wanted to know is whether the father wants to change his POA.

Customer: replied 1 year ago.
I got it. The son was assigned by his father as a POA. Father didn't know the son wanted changed his will from 100,000 to 30,000. As I mentioned in my question, where I live in right now is rental place that the father signed the contract for almost 4 years, this rental unit has renew the contract every 6 months. my rent contract will be end this January, 2016. Father told his son to renew 3 more months but son didn't do what father's said, and did totally opposite way. Son went to my rental office told the the manager that he is a POA of his father would stop paying the rent now. On the other side the son offer me 30,000 instead of 100,000. and pay my own rent. As his son is POA, does he has right to change the will? Does my rent renew need POA agree too? (the father wanted renew the rental place contract but son did not do as father's said).
Expert:  Debra replied 1 year ago.

Can you deal with the father directly?

No, the son cannot change the Will.

Customer: replied 1 year ago.
The son told me not to let his father know as his father will be very mad. Does son has any power or right not to do what his father said. Does POA's job just do what the person who drawed the will said?
Expert:  Debra replied 1 year ago.

The POA becomes void at death so that once the father dies the POA is irrelevant and the executor of the Will takes over and follows the terms of the Will.

The POA should be listening to the father if the father is competent.

So you should speak to the father.

Customer: replied 1 year ago.
Thank you for the answer.
Expert:  Debra replied 1 year ago.

You are very welcome.