Legal Question in Wills and Trusts in Illinois
Power of Attorney - Enter residence
My wife gave her mother POA. She and I are going to be getting divorced, and I am going to move all my stuff out of the apartment. Her mother wants to get her stuff as well. My question is, can she, with the POA, get a key from my landlord and enter the apartment without me being there, or without my knowledge? I don't want to go home, and find all my personal belonging trashed.
1 Answer from Attorneys
Re: Power of Attorney - Enter residence
A Power of Attorney for Property allows the "agent" to do anything that the document states. However, many POAs aren't activated until the principal's disability, so this may be the case in your situation.
If not, your mother-in-law would have the same powers that your wife would otherwise have.
If you are concerned about this, contacting your landlord to inform you about her possible request for a key would probably be a good idea so you at least have advance notice. Also, notify your divorce attorney of the existence of the POA and your concerns about your personal property being at risk. He/she should be able to advise you, knowing your situation.
Good luck to you.
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