power of attorney

[direction999]

What is the name of your state (only U.S. law)? florida
if a wife is in jail and the husband cleaning out the home and selling off all assets, but she has given me a durable power of attorney with no restrictions on it, do i now have enough authority to go to the home and change the locks to stop him from this?

 

[mistoffolees]

What is the name of your state (only U.S. law)? florida
if a wife is in jail and the husband cleaning out the home and selling off all assets, but she has given me a durable power of attorney with no restrictions on it, do i now have enough authority to go to the home and change the locks to stop him from this?

Tell us what the power of attorney says. Word for word, but without the names.

It should say something about its purpose and what is covered.

 

[direction999]

it's the standard florida durable POA form that was filled out with ZERO restrictions on my powers....here's the form and she has initialed line "N"

http://www.rmsaccounting.com/worddoc/FLORIDA_GENERAL_DURABLE_POWER_OF_ATTORNEY_IMMEDIATE.doc

 

[direction999]

i hope you had time to view the document, i'm sorry it's so long....and quite honestly what i'd really like to do is go there and stay there and change the locks as a byproduct "stbx isnt staying there"....but he's removed as close as i can tell roughly $30,000 worth of assets so, i need to try to stop if i can do so without getting arrested

 

[Ohiogal]

i hope you had time to view the document, i'm sorry it's so long....and quite honestly what i'd really like to do is go there and stay there and change the locks as a byproduct "stbx isnt staying there"....but he's removed as close as i can tell roughly $30,000 worth of assets so, i need to try to stop if i can do so without getting arrested

YOu change the locks and you can have issues because without a court order it is the marital residence and he is entitled to access of his residence. Also, is his name on the deed to the property?

 

[mistoffolees]

i hope you had time to view the document, i'm sorry it's so long....and quite honestly what i'd really like to do is go there and stay there and change the locks as a byproduct "stbx isnt staying there"....but he's removed as close as i can tell roughly $30,000 worth of assets so, i need to try to stop if i can do so without getting arrested

That form has a lot of blanks to be filled in to say WHICH powers you have. The POA only grants specific powers that are spelled out. So we'd need to know which boxes were initialed.

That said, the wife can only grant powers which she legally holds. Unfortunately, if the home was the marital residence, she does not have the right to change the locks to keep him out - so she can not transfer that right to anyone else. What she needs to do is to get a court order granting her exclusive use of the marital home and specifically forbidding husband from selling her property. Until she does that, there's little she can do to stop him.

She can, however, ask the court to order him to reimburse her for the value of any personal items and/or her share of the marital equity of any other items.

 

[Ohiogal]

Why is wife in jail? Who are you in relation to wife? And who valued the belongings he removed? Were they Picasso paintings? Rare antiques that had been appraised?