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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19338
Experience:  B.A.; M.B.A.; J.D.
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What are the limits of the power of attorney?

Customer Question

What are the limits of the power of attorney?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

Could you be more specific?

Customer: replied 1 year ago.
my mom is still alive and she owns a house where are my sister and her son lives my sister died just recently her son still lives there. My aunt has power of attorney can see legally force him to move out? He has lived there all his life. My aunt wants my mom to move with her to Kansas and to sell the house. Can she do a legal eviction? He is mentally disabled and on disability
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

Yes, she can do a legal eviction ONLY if that's what your mother wants.

A Power of Attorney, an Attorney-in-fact has very broad powers unless limited by the person who appointed the Attorney-in-fact. The Attorney-in-fact steps in the shoes of the person who appointed her and acts on behalf of that person. However, this does not mean that the person, the principal who appointed the Attorney-in-fact can no longer act for herself IF SHE IS STILL COMPETENT TO DO SO. So, if your mother is competent and wants your nephew to stay, but your aunt wants him out, your mother's decision will supersede your aunt's decision—your mother's wishes control. Your aunt cannot ignore your mother's wishes.

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