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.
For the full article “Does Power of Attorney Override the Wishes of a Spouse” on LegalZoom, click here.
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About RMO Lawyers
RMO LLP provides personal and efficient inheritance dispute services to individual and institutional clients. The firm’s attorneys focus on probate litigation involving contested trust, estate, probate, and conservatorship matters. Serving California and Texas, with offices in Los Angeles, Pasadena, Orange County, San Diego, Fresno, the Bay Area, Dallas, and Houston. For more information, please visit RMO Lawyers.
