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NeedHelp1989 Asked November 2017

Attorney In Fact signed lease, then after the husband received his copy, he said it was rescinded?

I am an Attorney In Fact for my husband and used his POA to sign a new lease with our tenants. When my husband received his copy of the signed lease, he then said that it was a fraudlent signature because he had recinded it. This was the first I had heard of it and then he sent me an image of the recindication. Will the lease still stand?

GardenArtist Nov 2017
I would agree that this is a question for an attorney; there are some serious issues of rescission w/o notification and your acting on his behalf during a divorce.

You could argue that you had no notice of rescission and acted based on your knowledge of a still in existence POA. I think it's up to him to notify you of the rescission though.

OTOH, it's unfortunate the mother and her children are caught up in this situation, and it seems as if your husband is doing this not b/c of any issue with the tenant but rather with you. I hope you've got an attorney as it seems as though this might get messy.

I also wonder if you're both elders and he needs to have someone act on his behalf. Are there any incapacity issues with him?

cwillie Nov 2017
Sorry, I think this needs the advice of a lawyer.

And what has this got to do with elder care?

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NeedHelp1989 Nov 2017
He rescinded the poa because we are beginning the divorce process, but he did not notify me that the poa had been rescinded. So I signed with his POA a new lease for our tenants since she is up her visiting me. He is trying to be an ass and kick her and her two small children out right before Christmas. I wasn't notified of the poa being rescinded until after the he received his copy of the lease agreement. That is why I am trying to find out if the lease stands or not.

BarbBrooklyn Nov 2017
Your husband rescinded your poa? When did he do that?

Were you acting on his instructions?

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