Can my wife change the locks on her mother's house?

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.

Answer:

A power of attorney (POA) allows one person to make decisions on behalf of another. In this case, your wife is the agent for her mother, who is the principal. If your wife’s mother has given her broad authority in the POA, she may be able to change the locks on her mother's house to protect the property, especially if the sister is not acting in the mother's best interest.

However, if the locks are changed out of spite or to prevent the sister from assisting the mother, it may not be justified. Similarly, if the sister needs the car to help the mother, denying access could be problematic unless it serves the mother's interests, such as avoiding liability or damage.

Ultimately, the actions your wife can take depend on the specific terms of the power of attorney and her mother’s wishes. If the POA grants broad powers, your wife can act to protect her mother's interests. If it is limited, she may need to consult legal advice to ensure compliance with the POA's terms.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, siblings can contest a power of attorney (POA) if they believe it was obtained through fraud, undue influence, or if the principal was not competent when it was executed. They may also challenge the actions of the agent if they believe those actions do not align with the principal's best interests. Legal proceedings may be necessary to resolve such disputes.