Sen. Dianne Feinstein's daughter has power of attorney over her

• Sen. Dianne Feinstein's daughter has power of attorney over the lawmaker.
• Katherine Feinstein, a former San Francisco judge, filed a lawsuit on her mom's behalf last month.

Democratic Sen. Dianne Feinstein's daughter, Katherine, a former San Francisco judge, has a power-of-attorney agreement that grants her at least some say over the senator's affairs.

Last month, the younger Feinstein, now a San Francisco fire commissioner, filed a suit against the trust of the investor Richard Blum, the senator's late husband. In the legal filing, she identified herself as an "attorney in fact" for the Democratic lawmaker. The agreement allowed the former judge to file the suit on behalf of her mother.

It's unclear to what extent the younger Feinstein holds power over the 90-year-old lawmaker.

Power of attorney is not always granted because of the inability of someone to make their own decisions, though that can be the case when such a waiver of rights is reached. As the Los Angeles Times previously reported, a limited power-of-attorney agreement can be granted in matters of convenience. Nonetheless, planning for an agreement is considered a major part of estate planning.

"Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity," the American Bar Association says. "Such a disability may be temporary, for example, due to travel, accident, or illness, or it may be permanent."

The New York Times, which reported extensively on the fight over Blum's trust, reported that Katherine Feinstein "has power of attorney over her mother's legal affairs." A spokesperson for Dianne Feinstein's Senate office did not immediately respond to a request for comment.

The senator has faced calls to resign from Congress because of persistent questions about her ability to fully serve as a senator. She missed nearly three months of congressional business in Washington after contracting shingles. She has also had multiple episodes where she appeared openly confused and unaware of what was taking place, including during a recent Senate Appropriations Committee hearing.

The younger Feinstein's lawsuit cited "significant medical expenses" her mother had incurred. The suit seeks to make her the sole trustee as her mother's replacement. The Feinsteins allege that two of Blum's associates who are acting as trustees have refused to reimburse the senator's medical expenses.

Steven P. Braccini, an attorney for Mark R. Klein and Marc Scholvinck, previously said the trust had not denied any such requests. Braccini also raised doubts about the existence of a power-of-attorney agreement.

"We have not been presented with any evidence showing that Katherine Feinstein has power of attorney for her mother; nor has Katherine made it clear, either in this filing or directly to my clients, why a sitting United States senator would require someone to have power of attorney over her," Braccini said in July in a statement to the Associated Press.

Her and Senate Minority Leader Mitch McConnell's health scares have renewed attention on the debate on whether age limits should be imposed on members of Congress. Feinstein previously pledged to retire after her current term, but she has strongly rejected any calls for her to resign.

Insider explored the issue of America's growing "gerontocracy" for "Red, White, and Gray," a series of reports on the subject.