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SamT089 Asked March 2022

Can an agent with power of attorney override the principal?

The principal (my father), whom I live with, is not incapacitated and can make his own decisions. He gives me permission to go on his property that he owns anytime I want to. His power of attorney (my niece) calls the police on me for trespassing on the property. Rhe police didn't want to hear anything I had to say and did not discuss or attempt to contact my father to find out if I have his permission to be there. They still haven't tried to contact him. Is that legal?

AlvaDeer Mar 2022
This is a matter for the police in your area, not for a Forum.

lealonnie1 Mar 2022
This post doesn't make much sense, really. Your father is the principal, you're saying, but gave power of attorney to his niece, who calls the police on you when you go on dad's land, with his permission?? I'd call an Elder Care Attorney for advice moving forward if I were you, and get some real legal guidance rather than asking an internet forum for advice w/o providing all the details. Something seems amiss here to me. You claiming your father 'gives you permission' to be on this land is here-say, really, vs. his niece who has legal POA is saying you do not; her word, therefore, is NOT here-say, and prevails, I should think.

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