Legal Question in Wills and Trusts in Pennsylvania

Who is the Power of Attorney from? If it's from the husband, it has no authority over the wife. The person holding a Power of Attorney is authorized to act only with respect to financial matters or whatever is authorized within the Power by the person who gave it.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

It is unclear what you are asking. The person who makes the power of attorney is called the principal; the other person is the agent. Now who in your scenario is the principal and who is the agent?

If the spouses made powers of attorney and then separated, then the powers of attorney are still in effect until revoked or terminated. Separation does not revoke power of attorneys unless the power of attorney form so provides. It would behoove whoever made the power of attorney naming the spouse as agent to revoke/rescind the appointment. If the power of attorney names a successor, then that person can be appointed as agent. If no successor is named, then the principal may want to revoke the whole power of attorney completely and make a new one.

Of course, this assumes that the principal is still mentally competent. If not, then a power of attorney can be overridden by a guardianship proceeding.

From your post - you seem to be asking how long an agent can act on behalf of the estranged wife if she made a power of attorney. If that is the case, again, the power of attorney lasts until death unless otherwise revoked or terminated. If the wife is the principal, has she revoked the power of attorney naming her estranged husband or anyone else as agent? Is she mentally competent?

If your father is the agent, does he have a copy of the power of attorney? If so, what does it say about termination/revocation? Was the power of attorney ever recorded at the recorder of deeds (assuming this is in PA)?

If the husband made the power of attorney and named the wife as the agent, then Attorney Jacobson is correct that the father's power of attorney does not control the wife's property. However, does it name her as the agent? If so, has it been revoked? Is the father still mentally competent? If so, then he needs to revoke the power of attorney. He also needs to change his will/trust as he obviously does not want to still leave assets to his wife or leave her in charge of his affairs should he pass away. He also needs to see a divorce attorney and should consider getting a divorce now. Divorce will cut off any spousal rights of inheritance or rights to administer the estate of your father is something should happen to him. Otherwise, if he does nothing and if something happens to him and he dies, then as things stand now the wife stands to inherit. I assume that if they are estranged they are not on good terms and your father would not want the wife to benefit ahead of his children.