Rights of Able Body Deed Owner VS. Durable Power of Attorney Representing other Deed Owner

Your understanding isn't correct. If A gives B a broad general and durable POA, then B has the same rights to act for A as A would have if acting alone. So in your case the POA is not the issue. Where property is jointly owned, typically all owners must agree on sale terms, but the general rule can be modified. Especially where the owners are divorced, divorce terms or court orders may overcome the general rule. I strongly recommend consulting your divorce lawyer or a different attorney. You can lose big time if you impede a sale for improper reasons. You cannot continue living in the home nor do you have any rights unless either your mother has given you rights or you have earned them under equity, contract law or quasi-contract law ("Legal Claim"). Because the determination would be extremely fact sensitive, you should consult a local elder law attorney. If mom dies and her will doesn't give you superior rights to your siblings and you can't establish a Legal Claim, you could be required to move out or start paying rent ASAP although most likely you could stay for a reasonable time. A lawyer probably could present a compelling case to let you stay at least for a reasonable time. Of course, if your mom still has capacity, she could do a will that would give you legal rights superior to your siblings. You and your siblings have no right to take anything out of the house while your mother is living (except with her permission or possibly with permission of a POA) and after your mom passes rights would be governed by the will or if there is no will the children would have equal rights. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

It is not uncommon for a spouse who is working, or a former spouse who left the state for a job elsewhere or to marry a new spouse to grant the remaining spouse a Durable Power of Attorney to sell the residence. There is an old, and no longer applicable concept as dower and curtsey, which title companies like to see extinguished, even if not applicable, by both parties (former spouses) signing the actual deed of transfer. The DPOA should be specific that you have the right to dispose of xx Cherry Lane in Middletown, NJ, or the Final Judgment of Divorce should grant you the right to remain in and sell the marital residence at a specified time, and how the proceeds will be divided. Good luck!