Q: Want to sell house but mentally ill wife wont sign POA.She's been living with sister 7 mnths, uncertain of her return
Want to relocate to Pittsburgh to be closer to our daughter and also gain access to better mental health services for my wife. She is so mentally altered that her sister and brother, both are low intellect and controlling, are manipulating her to stay with them. They are also adviser her to get a lawyer and not cooperate with me in general. I've offered my wife to take over the house, but I would be moving to Pittsburgh. What options, if any, do I have to get free of our house which is restricting me to maintain it and continue to live in Fredericksburg. I have told my wife that abandoning the property is what I'll do if no POA and there is no other option.
A:
A power of attorney allows a principal to designate specified powers or authority to an agent. However, the principal must be legally competent when creating the power of attorney. If your wife is sufficiently mentally ill that she is no longer competent, then she cannot create a power of attorney.
If she is mentally competent, she can refuse to execute a power of attorney, i.e., you cannot compel her to execute a power of attorney.
You can file for divorce, and have the property disposed of through equitable distribution.
You could also look at an action for partition.
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