Harrisburg, PA asked in Family Law and Domestic Violence for Pennsylvania

Q: This might be a little confusing but my friend and her husband have been married for 18 years they shared a home togethe

The husband went and got a PFA on the wife and had her removed from her home the home is in her name only after the PFA was granted the husband took a stroke and is currently in the hospital still now because of this PFA she is not able to see her husband or get back in her home because of the daughter went and got some POA and now is trying to take control over everything how can I get her back in her home what is the steps that we need to do because the people up here in our County don't seem to be helping her any

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1 Lawyer Answer
James L. Arrasmith
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  • Domestic Violence Lawyer
  • Sacramento, CA

A: In Pennsylvania, if your friend is facing a situation where she is removed from her home due to a Protection From Abuse (PFA) order, despite the home being in her name, she should consider seeking legal counsel to address this complex situation.

The fact that the home is solely in her name is significant, but the PFA order complicates her ability to return. Since her husband is now incapacitated, the dynamics may change, particularly with the involvement of a Power of Attorney (POA) held by the daughter.

Your friend may need to petition the court to modify or dissolve the PFA, especially if the circumstances have changed significantly. The involvement of a POA adds another layer of complexity, as it could impact decisions regarding the husband's care and potentially the property. She should gather all relevant documents, including the PFA order, proof of home ownership, and any information about the POA. Prompt legal action is important, as delays can complicate her situation further.

It's essential for her to work closely with an attorney to navigate these legal challenges and protect her rights.

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