If I Have Power of Attorney for My Parent, Must My Parent’s Spouse Check With Me Before Giving Away Their Assets?

A Power of Attorney authorizes the person named as “Attorney-in-Fact” to act on or do certain things behalf of the principal (who is the person signing the POA), per the specific terms of the document.

The POA does not, however, permit the Attorney in Fact to make any and every decision on behalf of the principal.

Again, the document must be reviewed to determine the limits of the authority granted by the principal.

In some cases, the POA may permit the Attorney in Fact to bring legal action on behalf of the principal.  If the POA in your case so provides, and if you believe that the principal lacks capacity to understand the transfers of property by the spouse and also that such transfers are outside of the law, you may wish to consult an attorney to determine if you have a right to bring a lawsuit to prevent future transfers.

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