Validity of a Power of Attorney

Question:
Category: Probate, Trusts, Wills & Estates
Location: NJ
Subject: POA - only for family or for state

I was appointed as Durable POA for my father, as he is terminally ill. I moved in to my father's home to take care of him. I, my brother (who will be executor) and sister agreed this was the best for Dad, and all approved my ''appointment'' as POA. Sorting through Dad's financial affairs (he has no debt)I found a paper in Dad's handwriting describing his intent of consolidating annuities, giving gifts, etc., and ''rearranging'' benificiary status of family as Mom passed away last January. After showing the appropriate banks my POA papers, I have done all Dad's intentions. Now my brother is afraid of legal backlash as he accuses me of overstepping my authority - even though he wrote the POA from a computer program. Are the POA docs just for family protection of assets or for state probate scrutiny?

ANSWER:

YOU NEED A LAWYER NOW! Unfortunately, in a vain attempt to save a few dollars in legal fees, you may have an invalid or inappropriate Power of Attorney. Estate Plans are not simply copying "form" documents. They need to be custom crafted for each particular situation. You need immediate legal help to analyze whether you have exceeded your authority!Good Luck!