This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

Can a Sibling with Power of Attorney in California Add Their Name to a Property Title When There Are Other Siblings?

Question from wh, Can a Sibling with Power of Attorney in California Add Their Name to a Property Title When There Are Other Siblings?

Answer from AI:

In general, a person who has been granted Power of Attorney (POA) has the authority to act on behalf of another person, known as the principal. However, the scope of this authority depends on the specific terms of the POA document.

Power of Attorney and Property Titles

In California, a sibling with a POA can potentially add their name to a property title, but there are several important considerations:

  • Scope of the POA: The POA must specifically grant the authority to handle real estate transactions. If it doesn’t, the sibling cannot legally add their name to the title.
  • Fiduciary Duty: The sibling with the POA has a fiduciary duty to act in the best interest of the principal. Adding their name to the title for personal gain could be considered a breach of this duty.
  • Consent of Other Siblings: If the property is jointly owned by other siblings, their consent may be required to change the title. This depends on the specific terms of the property ownership.

Legal Implications

If a sibling with a POA adds their name to a property title without proper authority or consent, it could lead to legal disputes. Other siblings may challenge the change in court, and if the court finds that the sibling with the POA acted improperly, they could be held liable for damages.

Seeking Legal Advice

Given the potential legal implications, it’s important to consult with a legal professional before making any changes to a property title. A lawyer can review the POA document, advise on the legal requirements, and help avoid potential disputes.

For more information on Power of Attorney in California, you can visit the California Attorney General’s website. For specific legal advice, consider consulting with a California Bar Association attorney.

Remember, this information is a general guide and not a substitute for legal advice. Always consult with a legal professional for personalized advice.

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