If I hold full POA for my brother and live in his home while he is incarcerated, for insurance purposes, am I considered the homeowner and is the home “owner occupied’?

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If I hold full POA for my brother and live in his home while he is incarcerated, for insurance purposes, am I considered the homeowner and is the home “owner occupied’?

The house has never been unoccupied and the mortgage is current. An insurance company dropped the coverage because they said the home was not owner occupied.

Asked on June 3, 2013 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No. You are not the owner of the home; a power of attorney may give you the right to act for your brother in many regards, but it does not legally transfer ownership to you. Since the person residging in the home does not own it, it is not owner occupied.


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