QUESTION
Does federal court recognize a power of attorney?
Asked on Aug 09th, 2013 on Estate Planning - California
More details to this question:
My stepmother's daughter recently sought control over a trust of her mother's and was granted control based on my stepmother's no show in court. My stepmother is almost 90 and it's rather difficult for her to travel, even though she is mentally alert, mobile and active in her assisted living facility. Her daughter is claiming, although there is no mention of power of attorney in the declaratory judgment which allows only her control of the trust, that she now has a power of attorney.
10 ANSWERS
Probate Attorney serving East Greenwich, RI
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Kristen Carron, LLC
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It's hard to say without seeing the judgment. However, based on what you said, I don't think she has power of attorney. Usually, for someone to have control that a power of attorney gives them, they would need to be declared the person's guardian. So your step mother would have to have been declared incompetent and her daughter named her guardian. If your step mother is alert and competent, she should see an attorney to challenge the judgment. In the alternative you should bring a copy of the judgment to an attorney to see what can be done to overturn or challenge it.
Answered on Aug 14th, 2013 at 7:12 PM
A Power of Attorney would provide no control over a trust. Take the documents to an attorney specializing in trusts for further information.
Answered on Aug 13th, 2013 at 7:07 PM
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It depends. An attorney should review the documentation and advise.
Answered on Aug 13th, 2013 at 7:02 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Federal court does not get involved in state matters, and the matter you are referring to is a state court matter. So, proceed in state court where your stepmother lives.
Answered on Aug 12th, 2013 at 12:08 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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A federal court should recognize a power of attorney if it was properly executed under state law.
Answered on Aug 12th, 2013 at 11:03 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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She cannot get a POA in this manner. She would need to go to court to be appointed guardian and conservator. If all of the assets are in the trust, then she may not need to be conservator. She cannot be appointed either one of these roles by "default." The court will insist on at least appointment of a guardian ad litem to review the situation and make a recommendation to the judge.
Answered on Aug 12th, 2013 at 11:02 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The daughter may not have a power of attorney, but she is, apparently, the trustee. Your mother did not have to go to court personally, her attorney could have been there. She should consult with her attorney to see about what can be done.
Answered on Aug 12th, 2013 at 10:59 AM
Yes, federal courts recognize established powers of attorney. In your stepmother's case, her daughter only has the power granted by the court to serve as trustee of the trust. Only your stepmother could grant power of attorney. If you feel that she is competent to manage her financial affairs, you could petition the court to rehear the matter and make arrangements to get her to court for the hearing.
Answered on Aug 12th, 2013 at 10:59 AM
Thomas Edward Gates
She has the powers vested in the Trustee and, can only make decisions relative to that role in managing the Trust. Anything outside the Trust impacting the stepmother is not within her authority.
Answered on Aug 12th, 2013 at 10:47 AM
2 Awards
Power of attorney is recognized anywhere as long as it is valid and properly used.
Answered on Aug 12th, 2013 at 10:27 AM