Legal Question in Civil Litigation in Georgia
Power of Attorney
Does having a Power of Attorney nullify a restraining order?Restrainig order pertains to marital assests. Can either spouse give another person(s) power of attorney to remove items that are under a restraining order which states neither spouse can remove marital property?
2 Answers from Attorneys
Re: Power of Attorney
You cannot do indirectly (i.e., via a power of attorney) what you cannot do directly. However, as Mr. Wood said, if both parties to the divorce agree that certain property can be sold, the judge is probably not going to do anything about it.
Re: Power of Attorney
interesting question. I doubt a POA trumps a RO. The Judge issues the RO and you need for it to expire by its terms or be dissolved by the Court. The parties -- not of law which I am aware -- can sign their own POA and thus eliminate the effect of the RO. However, it is factually a bit circular, since the RO is created to protect the same party who has now signed a POA.
As your divorce lawyer. Good Luck
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