Legal Question in Disability Law in California
if a couple is married but living apart and the husband brought property in another state, does his wife have any rights in the properety? he is still living and wants her back but his children have his power of attorney, what can she do?
1 Answer from Attorneys
It is confusing as to who you are in this situation. A power of attorney is only effective when the person is not able to take part in the agreement in issue. If he is physically or mentally unable to sign an agreement then his children can sign on his behalf. They must do what a reasonable person would conclude he would want done. They have no legal ability to prevent him from reuniting with his wife. If he is of sound mind, he can terminate the power of attorney whenever he wants.
While a couple is still married, if one buys something with community funds [as opposed to money inherited, payment for bodily injuries in an accident, money owned before marriage] it is community property. Being separated does not change the nature of the money.
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