View Single Post
Old 28-11-2007, 16:48   #2
Reality Check
Registered User
 
Reality Check's Avatar
 
Join Date: Jun 2007
Location: Panhandle of Florida now but in a few weeks the West Indies will be home for a while!
Boat: s/v Reality Check 36' Bene
Posts: 452
Send a message via ICQ to Reality Check
That is because of the many different Power of Attorney types. Truth of the matter, a general Power of Attorney is often useless. Most locations require what is called a Specific Power of Attorney for specific circumstances and for specific areas of power. In the US for Real Property... every state requires a Specific Power of Attorney to spell out what property and under what circumstances it can be invoked and what powers are granted and what time frame may also be a requirement.

Major misunderstanding of Power of Attorney are common. In most cases they do not survive the death of the person giving the power... only valid during the life of the grantor. On death a totally different set of requirements is kicked into play such as Probate.

Depending on which state your in, the use of a Land Trust or Property Trust or just plain Trust, can facilitate the wife/ partner far greater recourse than any Power of Attorney. Unfortunately Georgia isn't one of the states that has great laws covering these items... move South to Florida or North to Illinois for more favorable laws.

This is something you need to discuss with a competent attorney in your state of residance... problem is finding one that is actually competent.. Do not attempt to use a generic Power of Attorney and think you have anything solved... it would be a BIG mistake.
__________________
I prefer a sailboat to a motorboat, and it is my belief that boat sailing is a finer, more difficult, and sturdier art than running a motor.
--- Jack London
Reality Check is offline   Reply With Quote