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Can a power of attorney hold back gifts(jewelry) wished to be given by principal who is competent?
Anonymous2 views2 answers
POA states that these items must stay in estate even though principal is alive and wishes to give items to family members now. This POA is a male family member and items are to be given to female members. Told that we could not receive them til passing of principal and items are appraised.Items not in will. All other items that are not jewelry have been given to members of family.
While I agree with Attorney Deluca, it sounds like the principal is aware of the situation and is refusing to do anything. That being the case, I do not see any recourse, here. If the principal was incompetent, you could petition the court to become guardian/conservator and effectively trump the agent under the POA. Under the circumstances, I think all you can do is to continue to discuss this with your mother and see if she will offer a solution.
This appears to be one of those rare situations where an attorney is unlikely to be able to help you much.
James Frederick
I would have to read the Power of Attorney in order to assist you here. However, if the principal is alive and competent and you believe the person to whom he gave the POA is not complying with his wishes, you should tell that person. He or she should know that and may wish to revoke the POA.
