Legal Question in Real Estate Law in California

Power of Attorney

I gave my wife full power of attorney when I was oversea a few months ago. During this time she rented an apartment for me in my name. I am back now but training 60 miles away for another recon mission. My question is this..we are trying to rent a home in another town a few miles away, and the leasing agents will not give my wife any proof of our residents to show our other potential landlord. While my wife is not actually on my current lease, she is my attorney-in-fact, as well as my wife. I understood this as she is legally me, whereas the power of attorney we have is a full one for any state. WE did this for the very reasons of my deployments I may serve through out my time with the Marines. IS this legal?


Asked on 12/10/03, 3:43 pm

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Power of Attorney

I'm not sure what your question relates to. Is the question "is it legal for someone to refuse to accept a power of attorney?"; is it "is it legal for the leasing agent to refuse to give my wife proof of our residence?"; or is it some other question?

As a general rule,people are not required to accept a power of attorney, unless some statute requires it (like a power of attorney for health care). Likewise, people can generally impose conditions upon their acceptance of powers of attorney.

I would suggest that your wife try providing potential landlords or leasing agents with copies of some of the bills you have been receiving at your current residence. That may be sufficient evidence for your purposes. Also, you should be able to go to your local Judge Advocate General's office to seek their advice. Because you are in the military, there may be some federal or state law that requires that your power of attorney be accepted.

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Answered on 12/10/03, 7:19 pm
Michael Olden Law Offices of Michael A. Olden

Re: Power of Attorney

I am sorry but I don't understand your question. Is what legal having your wife rented apartment under a power of attorney? Of course it's illegal. Of the rental people withholding information. Not necessarily but if you're asking them in the same way the you're asking the question maybe they don't understand what you want or need. Therefore, if it is that important go to an attorney and have him write a letter asking for the information you need. The letter shouldn't cost that much in the benefit should lower your blood pressure.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/12/03, 11:18 am
Joel Selik www.SelikLaw.com

Re: Power of Attorney

It is not. A properly drafted POA would have a section allowing lawsuit. I would provide a strongly worded, with references to patriotism, attorney letter letting them know they are subject to lawsuit. I will do this for you for free if you would like.

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Answered on 12/11/03, 11:09 am


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