Could you please clarify how you got the POA?
Somehow, they seem to not understand what's being asked.
Have you ever been a domestic violence victim? She’s barely surviving at this point. Why should I have to defend my support of her? She does not want to do the typing. She is with me as I type this. She knows what I am saying.
From Holly, “I’ve been married to him for 7 years. I was given the POA from him in our attorney’s office. The person who sent in POA paperwork is the wife of an inmate. It was not drawn up by an attorney. This person asked that the pension be held until she can open a new account for him. The paperwork was sent in the 22nd, but a new account has not been submitted. The money just sits there. I have since faxed in copies of my POA paperwork from our attorney. I’m just wanting advice as to where this MAY end up. The uncertainty is so hard.”
There you have it. I appreciate all of you who have been kind. Thank you!
*Sigh.*
*When* was this POA established, and what was the reason for it being established?
As the marriage has been for less than 10 years, this pension is largely based on work prior to the marriage, meaning it is likely not a marital asset.
If the POA was established so that the wife, as a family member, could handle the husband's finances while in prison, that only makes sense if the husband were in prison for something other than a crime against his wife. *That* is why we are asking.
There are 3 possibilities I can think of, if what has been posted under OP's account is true:
1) Husband did not believe that a crime has been committed, trusted the wife, and thought the system was just making a mistake, but "we'll work through this, as a team."
or
2) Husband granted the POA to the wife as a way of controlling her from prison, expecting that it would force her to maintain contact and be dependent on him.
or
3) Wife fraudulently obtained POA.
There are no doubt more (including what actually happened).
However, the husband, as long as he's legally competent to make such decisions, can choose to make changes to a POA.
And it's just improper for the accuser to have POA over the accused assets - it's just an ethical minefield!
Has the wife petitioned for divorce yet? If so, has she petitioned for temporary spousal support?
Wife and cousin have to realize that alimony for a 7 year marriage is... usually not a given. However, if the wife is unable to work because of injuries from the husband, this can be addressed financially... but not by a POA!
