Power of attorney

[roberto1959]

My sister has a Power of Attorney for my brother and he wants her to file BK to stop a foreclosure on his house. Does anyone know if this is possible? He is out of the country and cannot be here anytime soon.

[Pandora]

Few questions:

what is the reason your brother is out of the country? Military? If so, there are laws that protect him from foreclosure while in the Military.

Does the POA specifically state you have bankruptcy filing rights / financial decision right?

What reason has he / you not paid the mortgage? If you have financial rights, what reason will you give for not paying his bills?

Was the POA recorded in the courts? Done up by a lawyer? Is it a limited POA? Durable POA?

[roberto1959]

He is out of the country helping my father who is terminally ill and near death.
I'll have to check what the POA states not sure at this time
He lost his job

[roberto1959]

It is a limited POA and it does list Financial Decisions

[SunshineGal]

Was the brother even served? If so and there is a court date, than I would think the sister may have an easier time getting a continuance on the foreclosure suit, the brother can file himself when he gets back.

[AngelinaCatHub]

Was the brother even served? If so and there is a court date, than I would think the sister may have an easier time getting a continuance on the foreclosure suit, the brother can file himself when he gets back.

I have to agree in this. The P.O.A. is less likely to work well than the truth that the subject has a legitimate reason for a continuance. The holder of the P.O.A. can speak for the subject but only to ask for some time. 'Hub