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Alex J. Esq.
Alex J. Esq., Attorney at Law
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Experience:  Experienced Licensed Attorney
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Can I marry a retirement home resident without the consent

Customer Question

Can I marry a retirement home resident without the consent of the holder of his power of attorney, provided he is competent. I do not know what the power of attorney covers, but it would cover his pension & SS, which we will need to live on.
Submitted: 4 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 4 years ago.
Hello. My name is Alex and I will be happy to answer your question.

The power of attorney simply gives a third party an authority to act on the grantor's behalf, and can be broad / general or limited / specific.

Power of attorney can be revoked and does not give the person designated as POA to act on behalf of the grantor, when the grantor is expressly disagreeing with the POA actions and also grantor can generally revoke POA at any time.

So as long as the grantor of the POA is competent, the person to whom the POA was given does not have any legal guardianship and cannot exercise any control over the grantor.

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