Who do I talk to about the "power of attorney", regarding a family member?
Saturday, February 20th, 2010 at
7:21 pm
I want to check buy antibiotics online to see if my spouse’s family has a legal power over him for any reason.
In most states, a "POA" does not have to be filed with a court. Your spouse should know if he granted a POA to anyone. The POA can be as limited to POA for one checking account (eg given to the manager of a small business) or have more broad powers allowing the POA to trade stock, sell real estate, etc. If you are involved in a legal dispute, get an attorney sooner than later.
Why don’t you just ask him? They wouldn’t have it unless he’d agreed to it or they’d gone to court.
Ask your spouse. The only way someone could get legal Power of Attorney regarding your spouse is for your spouse to give that power to a specified person under specified conditions in a legal form executed by spouse and witnessed in accordance with your state’s laws. Or the person who wants Power of Attorney has to petition the court, prove the person is incompetent and then the court decides if the person’s best interest lies with the petitioner getting conservatorship or should the court or someone else be the incompetent party’s conservator.
Could your husband have been declared incompetent? If you were married at the time, it is difficult to see how they could go to court without you knowing about it. Certainly your husband had to appear in court.
It is very difficult for someone to get legal control of another’s affairs. And a spouse would be the most likely candidate if POA or conservatorship were deemed necessary.