QUESTION
Does a person who has financial power of attorney over her mother have the right to change the locks on the mother's home?
Asked on Feb 15th, 2014 on Estate Planning - Louisiana
11 ANSWERS
2 Awards
It depends upon the circumstances. The agent does NOT have the right to lock someone out but if they are securing the property it is probably okay.
Answered on Feb 20th, 2014 at 2:57 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Probably not. Obtain the services of an attorney to investigate for potential elder abuse.
Answered on Feb 19th, 2014 at 2:55 AM
3 Awards
Probably. Is the power of attorney in effect? If so, usually an attorney-in-fact must safeguard property.
Answered on Feb 19th, 2014 at 2:54 AM
It would depend on the reason for changing the locks. If the purpose is to protect the mother's possessions from harm or theft while the mother is not living in the home for a period of time, it's probably within the authority. However, if the purpose is to prevent someone who has the right or who has been granted permission by the mother to enter the property, then it's probably beyond the scope of responsibility of the power of attorney.
Answered on Feb 19th, 2014 at 2:54 AM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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Please note that the drafting of and execution of a financial durable power of attorney is not the same as a finding by the court that the grantor is not competent. In general, powers of attorney can be for either a limited period of time or for an unlimited amount of time. Additionally, the authority that is given to the attorney-in-fact can be limited by the grantor at the time of drafting. In general, a financial durable power of attorney does not give the attorney-in-fact the power or authority to evict the grantor from his/her own home; prevent the grantor from residing in his/her own home; limit the grantor's access to his/her own home; etc. It definitely does not give the attorney-in-fact the power, authority or right to disregard or override the grantor's wishes. If there is a question about the grantor's continued competence, one should see an attorney about the possibility of a Petition for Guardianship.
Answered on Feb 19th, 2014 at 2:54 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The Illinois Statutory Short Form Power of Attorney for Property would give the agent the authority to sell and deal with the assets of the principal in the same manner as the principal. This would include changing locks to preserve and protect the property. If the Power of Attorney document is different from the statutory form then the exact authority can only be determined by reference to the terms of the document. This includes whether or not the authority is durable and extends to the agent after the principal is found incompetent. The statutory form does establish a durable agency. The agent is duty bound to act in the same manner as the principal and to do what they believe the principal would do or would want them to do. The agent has fiduciary responsibilities to the principal. If the principal is competent the agent's actions can be overturned by command of the principal. The agent's authority can be cancelled by the principal at any time. The agent's authority ends when the principal dies.
Answered on Feb 19th, 2014 at 2:54 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, probably if the power gives her authority over real estate, but not to keep mom out, to keep other people out.
Answered on Feb 19th, 2014 at 2:53 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I could make an argument either way; more facts are necessary to determine the answer to your question. If the person is trying to secure the property to keep it safe from loss, then yes; if the agent is trying to keep family members out so they can't visit mom, then no. And lots of other possibilities occur to me.
Answered on Feb 19th, 2014 at 2:53 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Possibly. More information is needed. The agent under a POA steps into the shoes of the principal, and can generally do whatever the principal could have done.
Answered on Feb 19th, 2014 at 2:52 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends upon the enumerated powers in the power of attorney.. but generally yes.
Answered on Feb 19th, 2014 at 2:52 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Not unless that authority is specifically set out in the POA.
Answered on Feb 18th, 2014 at 4:33 PM