As Power of Attorney can my wife change the locks on her mother's home without families permission?

Full question:

My wife has Power of Attorney for her mother. Her half sister is on the papers only if something happens to my wife. Can my wife change the locks on her mother's house and tell her sister to return her mothers car? The sister is doing what she wants and not recognizing. My wife's Mother is in a nursing home after a stroke.

• Category: Power of Attorney
• Date: 04/07/2025
• State: Maryland

Answer:

A power of attorney is a legal instrument that individuals create and sign that gives someone else the authority to make certain decisions and act for the signer. The person who has these powers is called an "agent" or "attorney-in-fact." The signer is the "principal." As a principal, if the principal's decisions conflict with those of the agent, the principal's decision will govern, assuming that the agent confers with the principal prior to taking an action. If an agent has acted on the principal's behalf and acted within the scope of authority granted by the power of attorney, then the principal may be obligated by the terms and conditions of his actions.

The person designated to be the agent assumes certain responsibilities.

The agent is obligated to act in the principal's best interest. The agent must always follow the principal's directions. Agents are "fiduciaries," which means that the agent must act with the highest degree of good faith in behalf of their principals. The agent must keep his money separate from the principal's; keep detailed records concerning all transactions he engages in on the principal's behalf; not stand to profit by any transaction where the agent represents the principal's interests; and not make a gift or otherwise transfer any of the principal's money, personal property, or real estate to himself unless the power of attorney explicitly states he can do so. An agent who acts against the principal's interest for his own gain, or acts outside the authority granted in the power of attorney, may be held personally liable.

The answer will depend on the terms of the power of attorney and the wishes of the mother. For example, if it is a general power of attorney, the agent has broad powers to act in the principal's best interests. However, sometimes a power of attorney is limited so as to grant the agent authority to act only in certain manners, such as to handle finances or real estate transactions. If the powers granted are broad, the agent may act in a manner designed to fullfil the principal's wishes and protect her best interests. For example, it may be necessary to protect and secure the principal's property by changing the locks. However, if locks are changed out of spite or malice, or it prevents another from access necessary to be of service to the principal, it may not be an authorized act. Likewise, if use of the principal's car is necessary to aid the principal, denying such use may not have a valid basis, whereas denial of its use to avoid property damage, liability issues, and excess mileage could be considered in the principal's best interests.