Cansomeone acting under a Power of Attorney protecta person’sproperty whilethey areout-of-state for a period of time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Cansomeone acting under a Power of Attorney protecta person’sproperty whilethey areout-of-state for a period of time?
My brother is getting a job that will take him out-of-state weekly. His concern is his ex-wife. The house and it’s content were awarded him in the divorce, but her name is still on the title. If he is gone and she wants to come and stay, what do I need in order to have her removed and have a say to the property? I have a POA, but I believe it is limited to signature issues.
Asked on March 9, 2011 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, someone with a Power of attorney can indeed act on behalf of the party for whom it is issued and "step in to the shoes" of the property owner if need be. But the Power of Attorney that you have does not seem to cover the ability to do what you will need to do here unless it a signatory transaction (which I guess bringing an action for ejectment or trespass could fall under by a stretch as you are "signing" court papers but I really think that it is a stretch and not what the power of attorney really is referring to). So I would go and have your brother execute a new power of attorney to allow you to act on his behalf here. You can use a general power of attorney "for all legal purposes" or be specific. I would go with the general. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.