Legal Question in Family Law in Virginia

POA rights

Follow up to Marital Asset question asked yesterday.

I have a few questions concerning POA rights.

1) Husband (lives in VA) has POA over wife (lives in NC) who is incapacitated. Husband is listed on house in VA; wife on one in NC, both houses are considered

marital property. Husband has recently gifted 1/2 of his house to a third party, at the time he did not realize it was considered marital property so only his signature is listed. Can he redo the agreement/ gift and sign his name and sign for his wife using the POA ? Can he legally give marital property to a third party signing as POA for his wife ?

2) Husband has life insurance/ira, etc. If he wishes to change the

beneficary, can he use the POA to waive the spouses interest and designate a third party as beneficary ?

3) Husband has given POA for himself to a third party, since husband has POA for wife does that mean that the third party who has POA for husband also has POA

over his wife ? Husband and wife do have joint accounts.

Thank you in advance for any help/guidance you can give.


Asked on 7/15/09, 3:51 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: POA rights

I would suggest that you(the husband?) arrange for a consultation with a Virginia as well as N. Carolina attorney who handles family law matters regarding the possible effect(s) of these various POA's on the interests of these spouses in these two separate jurisdictions.

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Answered on 7/16/09, 10:32 am


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