Removing the Principal from a Deed

[Amander21]

My question involves a power of attorney in the state of: California

Can the power of attorney remove the principal from a deed? My friends sister is trying to take the house away from him. He is named in the will to get the house when their father dies. Father is currently living but has Alzheimers. Sister is stating she is either going to remove the principal from the deed or add another party onto the deed so if Father dies it goes to the other party. Any legal way to prevent this from happening?

[flyingron]

Technically it could but it may be a gross malfeasance on their part. The course of action depends if Father is still competent enough to make decisions. If not, you should consult an elder law lawyer ASAP.

[Mr. Knowitall]

Have you seen the power of attorney? Does it authorize conveyancing of land?

The obvious way to stop it from happening would be to petition for appointment of a guardian of the estate (conservator). Once that occurs, the POA is no longer valid.

Your friend's sister's proposed action sounds like it would be a serious breach of fiduciary duty, not only misappropriating estate assets for an improper purpose, but also potentially opening up the estate to tax liability and increased exposure to Medicare liens or liability. If the property is subject to a mortgage her actions may violate the terms of the mortgage and, if the bank finds out, necessitate refinancing.