Monday, May 10, 2010

Can a parent who has Power of Attorney over her son prevent him from getting married?

He is on disability and she already has financial power. He is 29. Any advice?Can a parent who has Power of Attorney over her son prevent him from getting married?
I do not know. But I just want to offer my opinion. If the son is mentally challenged, then maybe it is the right thing to do.

But at 29, parents should let go .... parents must allow their adult children to lead their own lives without interfering already. Yes, they love their children, but their relationship should no longer be authoriative, but more as a friend and advisor.

If the son wants to be with the person he loves for the rest of his life, you can't do anything much, except offer advice. The parent must learn to LET GO.Can a parent who has Power of Attorney over her son prevent him from getting married?
A power of attorney, even a General power of attorney allows someone to conduct business, such as sell your house. It cannot stop someone from doing anything.
No, actually you cannot. You must challenge it and have him declared mentally incompetent to marry. This is VERY hard to do because even a ham-sandwich is competent to marry.
If parent has guardianship, legal guardianship, yes. If it is merely a POA, Power of Attorney for financial matters, maybe, but probably not.

Age is irrelevant.

Advice to whom about what?

Don't marry him against her wishes.

Carefully consider the ramifications of marrying a disabled adult--what is disability and prognosis.

How long has relationship lasted.
If he is 29, he needs to get emancipated from the power of attorney. If he is mentally challenged, that is a different story. If it is a physical disability, why would a parent have power of attorney?
Firstly the POA is not valid if it was signed with any mental disability unless it was legally approved at that time. however incase of financial power already available means the POA was meant only for that purpose.any other transaction need not interfere with this. now, no POA can give any agent any sort of power more than the priciple when he is dont confuse the issue. in any case give full details if you are serious.
A power of attorney can convey a broad range of legal authority to the agent. You should read the original power of attorney form that was signed. It is unlikely that a parent would have the ability to prevent him from getting married.

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