Legal Question in Wills and Trusts in Arkansas
Sister in law has power of attorney over mother in law. can she sell her property?
1 Answer from Attorneys
The extent of your sister in law's power to act as attorney for your mother in law depends on the type of power granted when the Power of Attorney was created. Powers of Attorney can be limited or general (very broad in nature). The instrument creating the Power of Attorney should describe the type of power that was granted and whether she has the ability to convey property. As a practical matter, it may be difficult for you to examine this instrument. In Arkansas, Powers of Attorney may be filed in the probate division of the circuit court where the grantor (here your mother in law) resides. If this is the case, it would be public record and anyone could view it at the court house. If it is not filed, however, it may be impossible for you to view it unless your sister in law or someone in possession of the instrument or copy of it allows you to.