QUESTION
Can a person use an invalid power of attorney to gain control over a property?
Asked on Jan 22nd, 2014 on Landlord and Tenant Law - Idaho
More details to this question:
There is a woman that was given power of attorney from the landlord where I live. The authority given in the power of attorney is only for real estate transactions. The notary who stamped the POA is the woman's sister and signed the POA as a witness and not as the notary. Also the person that was given the POA has not signed it. At the time of issue, the POA does not meet the requirements as its from New York.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Under the circumstances described, no, and you actually answered your own question.
Answered on Jan 30th, 2014 at 9:00 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Not if it is invalid.
Answered on Jan 30th, 2014 at 1:02 PM
If you are sue the POA is invalid in New York, then she has no POA and can not do anything. But the landlord can direct her to give a three day pay rent or quit or similar notices.
Answered on Jan 30th, 2014 at 12:57 PM
Employment Law Attorney serving Dana Point, CA
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Mains Law Office
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You need to provide a bit more information. If a landlord is in NY, they might be able to grant power of attorney to an individual as long as it meets with the California legal requirements for a valid power of attorney. This is done quite often with out of state landlords to manager or management companies to enable them to lease the premises, deposit rents, make repairs etc.
Answered on Jan 30th, 2014 at 12:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Since you know the answer to your question, why are you asking it? The power has to be given by the principal. If the owner signed it, then it is valid, regardless of who the notary is.
Answered on Jan 30th, 2014 at 12:51 PM