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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
