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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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Husband wont return POA

Resolved Question:

Daughter serving in Afghanistan, husband is stateside and has full pore of attorney in his possession. He wants a divorce, she asked for it back and he refuses. If she tries to revoke it he claims hell ruin her credit and dispose of her property. How can she get it back, lawyer told her she can't get a new POA until original has been revoked. They live in nevada.can he stop me from picking up her car and clothes

Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there

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She needs a letter signed by her revoking the Power of Attorney which she should send to any party or banking institution that she believes that he may be using the original power of attorney at. She should try to get the letter notarized or signed by a JAG on the base if she can possibly do so (I realize how difficult her conditions are but if she can get the document notarized or signed by a JAG that would be the best -- other than that, her next best option is to have her commanding officer and another service member witness the document). Legally speaking under NV law (and the law of all states) , a revocation of a power of attorney does not need a notary or witnesses but because she is out of the country, the parties who have already seen the prior power of attorney may insist upon the additional verification of a notary, JAG or witness signatures. At the same time, she should probably have another power of attorney issued to someone here in the US (perhaps you can step in for her in this instance?) -- All of the armed services have power of attorney forms and she should be able to access a form at her base in Afghanistan -- and for the power of attorney she WILL need a notary or JAG signature for it to be legally effective here in the US.

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The language of the revocation is simple (they may even have forms for that) -- it is a simple paragraph that she "hereby revokes the power of attorney dated XXXXXX given to XXXXXXX and directs any person, bank, company or other entity who has dealt with XXXXXXX under that power of attorney to cease and desist any dealings with XXXXXXXX. In place of the power of attorney dated XXXXXXXX I hereby issue a new power of attorney and appoint XXXXXXXX as my new attorney in fact to handle all matters that I would otherwise handle myself if I were present in the US " -- that wording does not have to be exact -- but you get the idea regarding how short it can be. Then she should use a power of attorney form to grant the full power of attorney powers to whatever new person that she selects for that assistance.

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Please let me know if you have any further questions. The attorney that she spoke with should have known that the revocation of a power of attorney is just another written statement removing that person as the attorney in fact and cancelling the powers granted in the original power of attorney.

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MARY

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Legalease, Lawyer
Category: Legal
Satisfied Customers: 14510
Experience: 15 years exp all aspects of general law
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