New Orleans, LA asked in Family Law and Criminal Law for Florida

Q: A friend of mine signed power of attorney over to me for all his affairs and properties while he's incarcerated

I am to move into his house and take care of his wife and to have anyone removed if they don't have permission to be there. The wife is not mentally stable to make decisions for her self. Question is can I do all of that without the police getting called and me going to jail for trespassing

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2 Lawyer Answers
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
  • Miami, FL
  • Licensed in Florida

A: The problem is not the police being called, but the fact that if his wife is there and this home is marital, a power of attorney is probably not sufficient to give you authorization over her property. If she has mental capacity and has not been declared incapacitated, a power of attorney on the husband's behalf may not be enough to do what you are asking to do.

This simply does not sound like a great idea...

Good luck.

Charles M. Baron and Bruce Alexander Minnick agree with this answer

Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You are writing from New Orleans yet posting this as a Fla. question, so it will be assumed you are talking about a residence in Fla. I also assume that your friend's wife has NOT been declared mentally incompetent by a court. There is no such thing as a power of attorney "to take care of my wife" or to "take control of all of my financial affairs, including property and assets jointly owned with my wife, without my wife's permission". A power of attorney authorizes the recipient of the power to sign particular types of documents in place of the giver of the power. Where a spouse had rights to the same property/assets, the recipient of the power may not trample on the spouse's rights. The best course of action is to get the spouse's written consent to anything that involves any legal interest of hers.

Bruce Alexander Minnick agrees with this answer

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