Posted by Lee_CA on 12/26/05 12:17pm
Msg #84595

Military Spouses and Power of Attorneys

I'm at my dad's house right now for the holidays and he's a notary too. He just got asked by his neighbor if he'd "make up a power of attorney" for her as she's interested in buying some property (with her husband's OK) while he's gone on assignment.

Here's the specs: We live in California. The old power of attorney is no good (for some reason) and she needs a new one to purchase this property under both her and her husband's name.

I told my dad's neighbor (as he's not home right now) that my dad can't "make up any kind of legal document" for her nor can he sign without her husband being present on this power of attorney (she just wanted to forge his name!).

I've never had this come up before as I mainly handle loan signings so does anyone know how I might be able to advise her? Couldn't her husband have something notarized on his end while he's on base and mail it down to her so she has some sort of authorization to complete this transaction?

Thanks in advance for any responses with advise on this matter. Oh! And I hope you all had a wonderfu holiday too. =)

Zem

Reply by Bonnie Carter on 12/26/05 12:29pm
Msg #84596

You are right, you cannot advise her, nor can you or you Dad "make up any kind of legal document". Remember, we are not lawyers nor can we give legal advice. Notaries notarize a person's signature while that person is in front of us on an existing documents. Sure, her husband can have a power of attorney prepared and signed and notarized from whatever base he is at. Or she can see an attorney here in the states prepare one and mail it to her husband for him to sign in front of the notary.

Reply by cmd_NH on 12/26/05 1:34pm
Msg #84599

I have a POA for my son, who is in the military.... the soldier goes to the JAG office and has them draw it up for him giving her POA to do whatever he specifies it to do. My son is now having another one that gives me more power than originally intended. It is quicker to have him do it and mail it than the find an attorney to do it....mail it to him....and wait to get it back. This is not legal advice, just how we handled it. Hope it helps!

Reply by RayWyatt_Cal on 12/26/05 3:48pm
Msg #84606

CMD is correct!
The Military member needs to get this done and send it to her.... if he wants her to have the power to do what she is asking...
She may want it for other reasons, not what she is telling you. I am speaking from experance here, I almost lost everything while I was in Desert Storm. Lucky for me the JAG was on track with my POA.
In fact, if it were me.... I would be reporting these facts to the local JAG to protect the service member!

Reply by Paul_IL on 12/27/05 1:51pm
Msg #84667

Your Dad should have the neighbor call the Reserve unit's Legal affairs officer. They already have these things made up and it will most likely be a real estate power of attorney. Will be easy and quick to get. Make sure she gets at least 3 notorized copies.

Reply by BrendaTx on 12/27/05 2:05pm
Msg #84670

Wow. Sounds like your dad's neighbor thinks he is a magician. If so, ask him if he can also fix up something so I can get into that neighbor's bank accounts, use her charge cards and get copies of all her IRS business for the last ten years.
(j/k of course.)

I think your dad has got his hands full with that neighbor next door.