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I have power of attorney over my father who has dementia. I…

I have power of...

I have power of attorney over my father who has dementia. I believe some family members are filing a criminal charge. I listened to the wrong people and yes I am responsible for all of it as I have POA. will I be arrested or served with paperwork?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

My dad put on title on this house and I am going to tak my name off . I need to likely quit claim asap

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That I listened to the wrong people was told I could put new flooring in and buy furniture and stupid me listened. I have no defense.

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Answered in 8 hours by:
3/20/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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So to be clear the agent (the party that had POA) transferred property from the principal's name to the agent's name?

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Customer reply replied 4 months ago
My father added me to title before it was purchased. He sold his own house. His neurologist would not say he could not make his own decisions. My dad is high functioning. He sold his house and added me to title as tenants in common. I am also the sole heir knowing what his wishes are ( each of his daughters receive 1:3. Anyway I do have bills so I am planning to quit claim this house to him. My agent encouraged me to buy new flooring etc and I should have been smarter but I believed she was put for my best interrst. At any rate I was stupid and duped but as holder of poa I know I am responsible. No defense, no excuses. I was stupid. .

I'm sorry for your father's declining health.

I'm not set up for calls so your request has been placed in the queue for phone call professionals. I will type my response below as well.

legalgems
legalgems, Lawyer
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Joycelaw
Joycelaw, Attorney
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Satisfied Customers: 120
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Phone call session started

The owner of property may add a person to that property if they are of "sound mind".

What this means is that they understand the legal aspect of the document they are signing - so if the owner has the intent to give part ownership to an adult child then generally that suffices.

Now if the adult child uses "undue influence" to unfairly manipulate the senior that may be incapacitated/vulnerable, that can result in a suit for undue influence, the goal of which is to "void" the transfer.

The court will look to see if the donee is the "natural" person that one would expect the gift to go to (ie not an estranged family member) so for example a property transfer made to a close family member suffices.

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A POA is a fiduciary so if they engage in self dealing the agent may be liable;

This explains a POA's responsibilities:

http://www.mcgeorge.edu/Documents/Publications/10_ProbateMaster4-6-11.pdf

Now elder financial exploitation is a crime; please see;

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=368

In such instances a criminal attorney would need to be hired to review the case and help establish the lack of intent.

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