Legal Question in Wills and Trusts in Nebraska

about a power of attorney

If a wife is not the husbands power of attorney and one of his family member is. The power of attorney remove the husband from the state on what ground does the wife have any say and can the power of attorney have the wife removed from the home that the husband owned. If so what step can she take to be reunited with her husband .

Asked on 12/07/07, 10:46 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: about a power of attorney

A power of attorney does not generally provide the right to do either. A power of attorney may be used to sell real estate, but if the wife is on the title to the property the property may not be sold without her consent. It sounds as though the wife would need to petition the court to be appointed guardian over her husband. As guardian, she may terminate the power of attorney. Whoever holds power of attorney now will probably oppose the guardianship or seek to be appointed guardian instead of wife. It can become an expensive process if contested. Wife should seek the advice of an attorney immediately to determine all of her available options. She will need to pay for the advice, but it shouldn't cost too much.

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Answered on 12/07/07, 11:04 pm

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