Legal Question in Criminal Law in Ohio

My exs mother has power of attorney over him. She went to my leasing and obtained a key. After that she entered my apartment without my knowledge or permissions and stole many items that belonged to me. Was my apartment complex aloud to do so without contacting me first?


Asked on 3/02/11, 7:44 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, a power of attorney gives one person the power to do a thing as if he or she was another person. For instance, if A gives a power of attorney to B, then B can do whatever A could legally do.

But if A cannot legally do something, then B can't do it either. Thus the power of attorney that your ex's mother received only gave the mother the power to do what your ex could have done. If your ex had rights under a lease agreement to enter the apartment, then it could be argued that via the power of attorney, the mother could do so. There might be other arguments to the contrary however, that would take some research.

But obviously, since the ex would not have the right to take your stuff, neither would the mother through the power of attorney. You could likely sue the mother, but perhaps not the apartment complex if the ex had the right to enter the apartment.

If the ex had no right to enter the apartment, and yet the apartment complex gave the ex a key, then you could have a cause of action against the apartment complex for the losses.

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Answered on 3/02/11, 8:52 am


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