Panel Reverses Dismissal Of Petition To Revoke POA, Cites Abuse Of Discretion

Mealey's (August 4, 2022, 12:21 PM EDT) -- SAN DIEGO — A California appellate court on July 21 reversed and remanded a probate court order dismissing a daughter’s petition to revoke her brother’s authority as attorney-in-fact for their father pursuant to a durable power of attorney (DPOA), finding that the court incorrectly dismissed the petition absent consideration of “competent evidence” or “holding an evidentiary hearing” because it lacked evidence regarding the father’s mental capacity to execute a power of attorney....

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