Cansomeone acting under a Power of Attorney protecta person’sproperty whilethey areout-of-state for a period of time?

My brother is getting a job that will take him out-of-state weekly. His concern is his ex-wife. The house and it’s content were awarded him in the divorce, but her name is still on the title. If he is gone and she wants to come and stay, what do I need in order to have her removed and have a say to the property? I have a POA, but I believe it is limited to signature issues.

Asked on March 9, 2011 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, someone with a Power of attorney can indeed act on behalf of the party for whom it is issued and "step in to the shoes" of the property owner if need be.  But the Power of Attorney that you have does not seem to cover the ability to do what you will need to do here unless it a signatory transaction (which I guess bringing an action for ejectment or trespass could fall under by a stretch as you are "signing" court papers but I really think that it is a stretch and not what the power of attorney really is referring to).  So I would go and have your brother execute a new power of attorney to allow you to act on his behalf here.  You can use a general power of attorney "for all legal purposes" or be specific.  I would go with the general.  Good luck.

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