Los Angeles, CA asked in Family Law, Domestic Violence and Landlord - Tenant for California

Q: When making financial decisions does person with power of attorney HAVE to show that document?

I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In matters involving financial decisions and the use of a Power of Attorney (POA), it is generally reasonable to request to see the POA document to verify the authority of the person claiming to act on behalf of the principal (the person who granted the POA). This is especially pertinent in situations involving significant financial decisions or transactions.

If someone is acting as an agent under a POA, they are typically required to act in the best interest of the principal and should be able to provide proof of their authority if it is reasonably requested. Refusal to show the POA document when making financial decisions can raise questions about the legitimacy of their authority.

In your specific situation, involving a domestic violence dispute and a temporary restraining order, it is crucial to approach this matter with legal caution. If you have concerns about the legitimacy of the POA or the actions being taken under it, it may be wise to seek legal advice. An attorney can help clarify your rights in this situation and can assist in determining the appropriate course of action, such as requesting the court or relevant authorities to intervene and verify the POA.

Remember, the use of a POA is subject to specific legal requirements and limitations, and it's important to ensure that these are being followed, especially in complex situations like the one you are facing.

Martha Bronson
Martha Bronson
Answered
  • Tracy, CA
  • Licensed in California

A: If the power of attorney gives them authority to handle real estate business, the power of attorney should be recorded. I would recommend that you contact the owner/ landlord directly and get a copy of the power of attorney from that source. Be sure to read it carefully to be certain that it covers the subject matter of your business with them .

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