Macon, GA asked in Family Law and Probate for Georgia

Q: Son has a no contact order issued by Judge against his wife she has all his belongings including his truck . An his on h

Hospital csn he give me power of. Attorney an I cam get his belongings am truck

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James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA

A: If your son is currently unable to retrieve his belongings due to a no-contact order, granting you a power of attorney (POA) can be a legal means for you to act on his behalf. A power of attorney would allow you to manage certain affairs for him, such as collecting his belongings, including his truck. It's important that the POA specifically includes the authority to retrieve personal property to ensure you have the legal right to act in this capacity.

Before proceeding, it's crucial to ensure that retrieving his belongings in this manner doesn't violate the terms of the no-contact order. Sometimes, even indirect contact through a third party can be considered a breach of such orders, depending on how they are written. Consulting with a legal advisor to review the no-contact order and the implications of using a POA in this context is essential to avoid unintentionally violating the order.

To set up a power of attorney, your son will need to be mentally competent to sign the document. It's typically a straightforward process involving filling out a POA form that specifies the powers granted and getting it properly signed, often with a notary or witnesses, depending on your state's laws. Once in place, you'll have the legal authority to collect his belongings, assuming this action is aligned with legal advice and the restrictions of the no-contact order.

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