Legal Question in Civil Litigation in Georgia

Power of Attorney

Does having a Power of Attorney nullify a restraining order?Restrainig order pertains to marital assests. Can either spouse give another person(s) power of attorney to remove items that are under a restraining order which states neither spouse can remove marital property?

Asked on 8/24/00, 8:57 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law
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Re: Power of Attorney

You cannot do indirectly (i.e., via a power of attorney) what you cannot do directly. However, as Mr. Wood said, if both parties to the divorce agree that certain property can be sold, the judge is probably not going to do anything about it.

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10/02/00, 4:48 pm
Hugh Wood Wood & Meredith
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Re: Power of Attorney

interesting question. I doubt a POA trumps a RO. The Judge issues the RO and you need for it to expire by its terms or be dissolved by the Court. The parties -- not of law which I am aware -- can sign their own POA and thus eliminate the effect of the RO. However, it is factually a bit circular, since the RO is created to protect the same party who has now signed a POA.

As your divorce lawyer. Good Luck

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9/30/00, 1:45 pm

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