My husband is power of attorney and executor of the estate for his mother.we have already gone through police involved forcibly having my sister in law removed from the house.Now his brother that is living in the family home is being prostitutes back to the home.he has become extremely verbally abusive to my mother in law.we feel that this may be the time to invoke power of attorney so that my husband has legal power over this situation.how do we go about thi.is our first step in this process to see our attorney? Please help us with if you can
Thank you.

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Originally Posted by NICLEL

my husband is power of attorney and executor of the estate for his mother. ...

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It appears that his mother is still alive. Thus the fact that he may be named as executor in her will is immaterial. Wills do not take effect until death, (at which time the POA will terminate and he will want to apply to the court to be appointed executor).

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Originally Posted by NICLEL

... we have already gone through police involved forcibly having my sister in law removed from the house.Now his brother that is living in the the family home is being prostitutes back to the home.he has become extremely verbally abusive to my mother in law.we feel that this may be the time to invoke power of attorney so that my husband has legal power over this situation.how do we go about thi.is our first step in this process to see our attorney? ...

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Yes, pursuant to the POA, he will take measures to evict your brother from the home. By all means, see your attorney, who will know exactly what to do.

You don't "invoke" a POA. Once it is granted, it can be used at any time. However the grantor can revoke it as long as she is competent.

So the first thing is to discuss with mom what she wants.

You do not "invoke" a POA it is in effect when first signed, A POA merely gives them the right to sign for the other person, IS the mother not able to take care of her own business,
If the mother agrees to evict , then you can evict, b
But if the mother will not agree, the mother can stop the eviction.

POA does not give you the right to go against mothers wishes, just sign for her if she is not capable of signing.