Legal Question in Wills and Trusts in New Jersey

define: Power of Attorney

My sister in law has obtained 'Power of Attorney' over my father-in-law's finances in the state of Massachussetts. He is now residing in New Jersey, with my ''in-law'' living in New York. What powers does she enjoy as the holder of ''power of attorney'' ? What decisions can she make ? What decisions would be outside the scope of ''power of attorney'' ?

My ''in-law'' is not a Guardian for my father in law.

She holds power of attorney.

Thanks.


Asked on 6/03/03, 7:59 pm

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: define: Power of Attorney

The authority she has as attorney-in-fact depends on what the power of attorney (poa) says. Without seeing the actual document, It would be hard to tell you exactly what powers your sister in law has. However, in general, most poa's grant the attorney-in-fact very broad financial powers. Typically, that would mean access to bank/brokerage accounts, safe deposit boxes, the power to invest assets, pay bills, etc.

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Answered on 6/04/03, 7:46 am
Walter LeVine Walter D. LeVine, Esq.

Re: define: Power of Attorney

It is difficult to answer this question because thre is insufficient information. For example, you do not describe what activities she is permitted to undertake, if the Power is limited to assets in Mass. and not elsewhere, etc. Is it a durable Power (remains effective in the event of incapacity? If you e-mail (scan and mail) or FAX me a copy of the Power (973-377-8167), I would be happy to review it and answer questions you may have.

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Answered on 6/04/03, 12:00 pm


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