Power of Attorney

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Power of Attorney

My father in law gave mu husband power of attorney 6 years ago when there were was a warrant for his arrest. My father in law is out of jail and now wanting to sell the home that my husband and I have been taking care of collecting rent, paying all bills on for 6.5 years. Can he sell the house without my husband signing the documents as his power of attorney?

Asked on April 30, 2019 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A POA does NOT prevent the principal--the person who gave the power of attorney (in this case, your father-in-law)0--from controlling his own assets or property or finances; he can sell his own house without your husband signing off on it. Think of it like this: the principal is the president of a company; he hires a manager (the person given power by the POA) to help him out, especially when he is not around or available. The manager can sign contracts, spend money, etc. for the company--but so can the president. And because the president gave the manager his power, the manager can't overrule the president and the president does not need the manager's approval or consent to act. Similarly, your husband's POA let him help out his F-i-L and do things for him when he was not able to do them himself, but that does not take away your F-i-L's power over his own possessions, and he can act without the approval of the person to whom he gave power.


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