Legal Question in Family Law in Oklahoma

My mother-in-law is unable to take care of herself and is in an assisted living center. Her husband of nineteen years decided to leave her for another woman and is filing for divorce. She has now signed a power of attorney giving myself and her son full legal control of her. The husband (soon to be ex) has been neglecting to pay her nursing care fees and is spending her disability money on himself and his new girlfriend. I am trying to access her bank records but the bank says that there cannot be two people on the power of atty (myself and my husband) and that only one of us represent her. Also my soon to be ex father-in-law is fighting us stating that we cannot have power of attorney over her until the divorce is finalized as he wants to continue to have access to her money until the very end. My questions are: can two people have the power of atty and can someone sign over power of atty to an outside source when they are in the middle of a divorce? The husband filing for divorce has never had power of atty over his wife. I live in Oklahoma. Please help. Thank you!


Asked on 8/12/11, 9:13 am

1 Answer from Attorneys

Bob Adcox Bob Adcox, Attorney At Law

You need to think about doing a guardianship. Perhaps your wife could apply with the Court. A guardianship will trump the power of attorneys especially if the mother-in-law isn't capable oof making good choices. Good Luck, Bob Adcox

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Answered on 8/12/11, 9:27 am


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