Scott E. Rahn, Managing Partner at RMO, was recently quoted by LegalZoom in the article “Does Power of Attorney Override the Wishes of a Spouse”, regarding power of attorney planning and avoiding power of attorney abuse. Here’s an excerpt:
In general, a power of attorney supersedes the wishes of a spouse, says Scott E. Rahn, founder and co-managing partner of Los Angeles law firm RMO. “Often, a power of attorney is given to another family member, business partner or another trusted adviser with specific expertise in a given discipline, like an attorney, CPA or business manager,” he says. A non-spouse may be better able to manage the specific property, business, etc. for the benefit of the principal or the principal’s family, including the spouse. The agent is usually the executor or trustee of the principal’s will and trust, too, Rahn says.
Because a power of attorney grants someone the ability to act as your legal representative in the matters authorized in the instrument, Rahn advises considering several factors before choosing an agent. “The single most important thing to answer honestly when considering whom to nominate as power of attorney is the following question: Will this person be capable of utilizing the power I am giving them for my benefit and the benefit of my family should I become incapacitated?” he says.
About RMO Lawyers
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas. Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation – Trusts and Estates. For a free consultation, call (424) 320-9444 or visit: https://rmolawyers.com