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Does anyone know anything about Power of attorney Laws?

SweetMom's picture

Before I met dh he was over seas and had his sister as his power of attorney to handle his affairs. When he came home we met and married. We have been married for 5 years now. I was wondering if his sister had any rights to things we have bought together like property in the event he passed? It never bothered me before until tonight since he mentioned something in the shower. We are going on a trip together out of the country and he is in the process of selling property too, in his name that was purchased while we were married from his over seas money he earned. He said his sister could do the paper work . I got so mad because that property I have done all the painting inside and out, cleaned up, kept up with all the utilities, taxes, cleaned up garbage.. even cut the grass all this time. His sister has nothing to do with us! She is even on our bank account and was suppose to take her name off of and hasn't. I feel so ill right now.

Acratopotes's picture

:jawdrop: I will force him to change that immediately.

It's fine to have some one when you are single, but 5 years after married... nope nope nope...
if you go on a trip all documentation can wait till you are back, it's not the end of the world.

OH what I wanted to say... here you can go to any lawyer to change power of attorney, you simply do a new letter stating as from this day and date, XXX will have power of attorney and not YYY, and a copy is send to YYY and the banks, and with your situation to the people involved in the selling deal

cd5onu's picture

:jawdrop: thats too crazy. Makes me wonder why they want to marry when we arent trusted enough to handle affairs or take care of children

cd5onu's picture

:jawdrop: thats too crazy. Makes me wonder why they want to marry when we arent trusted enough to handle affairs or take care of children

cd5onu's picture

:jawdrop: thats too crazy. Makes me wonder why they want to marry when we arent trusted enough to handle affairs or take care of children

Acratopotes's picture

POA is when you are not available to do it, regardless of what reason..... not only in case of medical or death.

at least over here... If I give some one POA they can sign any document on my behalf if I'm not available, it's very very dangerous cause banks are to lazy to wait or try and reach you.

cd5onu's picture

Do you guys know why a man would keep defending their ex? Over their mutual kids and myself? Im so sick of it and ready to run

Rags's picture

Guilt, saving face, etc.... There are a myriad of reasons though none of them particularly good.

Rags's picture

POA can be limited to specific actions. As for the bank accounts.... he needs to get her off of the accounts ASAP.

My family has used POA for several things for decades. We have been expats for generations and the members of the clan who are stateside tend to take care of some business and legal transactions for those of us who are international. Selling cars, closing on the sale or purchase of homes, some banking (deposits), etc.......

This may not be as big a deal as it could be. What is covered in the POA will determine that.

twoviewpoints's picture

My elderly aunt (never married, no children, only one niece living and also my sister and I who were daughters of elderly aunt's now deceased nephew)really got smacked by the niece. Elderly aunt was so trusting. I know several times when papers were handed to her to sign, she'd turn to me and say 'TVP, would you please just read and sign those with my name, honey' (which I would not, but would read to her, let her ask questions with the patient advocate present and then elderly aunt would sign). Wanna know how niece got complete POA? Yeah, Niece The Rat got elderly aunt to sign off on "just a few papers here, 'they' need you to sign".

Then Niece The Rat proceeded to clean out and change absolutely everything elderly aunt had set up and wanted. All while elderly aunt was in hospital then nursing home and still breathing.

Yeah, I hope anyone here not knowing the difference of POA, differences in extent of types of POA, and wills, testate/intestate, executor and so-forth best learn the terms and legalities of each before the time comes serious errors have been assumed. *shrugs*

twoviewpoints's picture

Is this that old house he bought that had been his grandmother's home you've been going nuts over for several years? I still think you should talk to a lawyer as to how that property legally lands. Your state is not a community property state. The cash he used to repurchase that house was cash he earned and had prior to marriage to you. If that cash was never intermingled in anything jointly after marriage you may not legally have much if any legal standing regarding it.

But, yeah, his sister doesn't need POA any longer. You just now realized she still has POA? Seems strange you'd not question her name on your joint accounts with your husband. You've been married for some time now. Is this an older account set up prior to marriage that afterwards you were the one added to account?

Is there anything else hat his sister's name is now you may not know about and/or have forgotten she's on? Such as life insurance policies? I think it's long past time your husband and you go through all these types of things, make sure names are on and/or changed as appropriate and a proper will is prepared.

SweetMom's picture

Twoviewpoints, Who are you? You seem like you know everything. Yes, the house was purchased by money he earned but, he has been living in my home for the past 6 years! And I painted and worked on the house. We had and have a plan together.

twoviewpoints's picture

I just remember how much work, cash and making nice again effort you personally put into the house and how SD never failed to remind you it wasn't "your" house. You mentioned it several times in varies forum post.

Just make sure you somehow don't get cut out. You have investment into it and he's been stubborn on hanging on to that house (all the while you do all the fixing up and expense of it).

Some members stories stick with me, some more than others. The saga of that house and your "extra" stepdaughter who video taped you (what a brat) for some reason is one that stuck. LOL.

SweetMom's picture

His ex step daughter by previous marriage came over with his biological daughter and I allowed it because they played so well together but then she started recording game and later that evening when they went home the BM would call dh and tell him what I should or shouldn't do. It got rediculous but what sealed the deal of her not coming back was she said my baby I had a miscarriage on 'wasn't real since the baby was never born' wether she said it out of her own hurt because dh never adopted her or she felt I was in her way of getting close or her mom and dh getting back together, was very hurtful and her future doings was harmful towards my growing family. I guess things do stick when we all have similar issues or things sounds like nightmares.

SweetMom's picture

Then he can have her in a will but not to make a decision for him if he's away... that's my job! I'm the one sleeping with him and trying to have babies

sammigirl's picture

Power of Attorney is usually to handle affairs while the person is alive. I would ask an Attorney; of course it could be written with specific instructions.

If you have a copy, take it to an Attorney and have them explain it. Do you have a Will? Will's are for death purposes and Power of Attorney's are usually for the living purposes only.

Only an attorney can tell you.

Tuff Noogies's picture

"Not legal advice of course - just the thoughts of a friend. Smile "

that should be your signature line!!!! your own personal disclaimer Wink

SweetMom's picture

Do they? I'm gonna have to check on this! I was just venting and upset when I posted this. I have no one to talk too.

SweetMom's picture

The house was his grand mothers house! He bought it and lost it three times in foreclosures. It wasn't his but he was renting the house. We married and he paid cash for the house while married to me. He had been living in my house. Our plan together was to sale the house and buy land the. Sale my house and build a brand new home o. The land. He only had 1 kid! I have 1 kid. We plan in giving each kid 1 acre when both are of age and both kids are to split what we own in the even of when we both pass. That's what we both want but I found out his sister is still on our account. Yes it was his account and he added me and I opened one to link to the account. His sister was suppose to take her name off but hasn't! Ihis sister never comes around and they do their own thing. We will take her off that account he said and he is going to go to a attorney and change it. I always make my dh my power of attorney if I have surgeries and when he mentioned his sister could handle our affair while we are out of country to furiated me. Other things went on in the back of my head of her stepping up if he passed and telling me where I could bury him if he passed or selling stuff off.

Acratopotes's picture

calm down Hon - DH should simply remove SIL from the marriage, take away her power of attorney and remove her from the bank account, make it clear she lost all rights, it all belongs to you and him now.

I'm sure your husband simply forgot about it, when I started dating SO, I never thought for on minute men can be so never minded, only 4 years later did I discover his Ex wife is still the only person in his Will, still use his medical, still has keys to the house, still has signature rights on his accounts... I almost fainted and talked to him about it... idiot thought when divorced the Will is not applicable anymore... well he changed all of that very quickly, he just never thought about it before, maybe your husband did not think about it..