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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38217
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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Can my father enter into an agreement with another attorney

Customer Question

Can my father enter into an agreement with another attorney through retainer if I have power of attorney over his estate and that is done without my knowledge
Submitted: 2 years ago.
Category: Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Yes, a power of attorney just "shares" the power that the grantor has over his assets with the holder of the POA. It doesn't give the holder the right to override any decision that the grantor makes and can be revoked at any time with a written and notarized revocation signed by the grantor.
Only a guardianship would give the person the right to override a parent's financial decisions as a judge would have declared the parent to be legally incompetent and unable to manage their own affairs.
But if you only have a power of attorney, then that wouldn't give you the authority to prevent father from doing anything. It just gives you the right to act on his behalf, as he can, in any financial matter.