Legal Question in Real Estate Law in California

Most people misunderstand what a Power of Attorney means. All it permits is that when the person is for some reason unable to do a certain thing he gives the power to act as he would to someone to act on his behave. So she can sign his name to a contract because he is the hospital but not if it is something he would clearly not do if was present or able to sign or not sign. Normally, a husband would not throw his wife out of the house, so if the step daughter tried to do so no one will believe that is his intention. Moreover, at least part of the ownership of the house is probably community property so your mother is a part owner and can

not be removed.

One can't throw his or her spouse out of his or her home, whether there is a community property interest or not. Family Code section 753. So, neither the POA nor your mom's husband in person could do this. As to entering the house, the POA (actually, the "attorney in fact" is the right name) probably doesn't have this right, either. Remember, a "POA" or attorney in fact is just someone the principal (here, your mom's husband) appoints to assist him or her. The POA works for the principal, and is not the principal's jailer or zookeeper. The principal can fire the POA (attorney in fact) any time so long as the principal is competent. And, if the principal becomes incompetent, the power of attorney becomes invalid unless it is a durable power of attorney for health care decisions or the like.