Home » Unauthorized Use of a Power of Attorney to Dispose of a Spouse’s Separate Property
Unauthorized Use of a Power of Attorney to Dispose of a Spouse’s Separate Property
Posted on : June 3, 2016, By: Christopher Hildebrand
Unauthorized Use of a Power of Attorney to Dispose of a Spouse’s Separate Property
Lightning Delivery Co./Matteson Power of Attorney Issues
Unauthorized Use of a Power of Attorney to Dispose of a Spouse’s Separate Property.
A power of attorney is a legal document that gives someone else the authority to act on behalf of the person signing it. In Arizona, powers of attorney are interpreted narrowly, rather than broadly, to reduce rather than increase the possible authority the document confers. In the case of Lightning Delivery Co. v. Matteson, 45 Ariz. 92, 39 P.2d 938 (1935), the Arizona Supreme Court was asked to interpret a power of attorney written and signed by a couple during the marriage that granted a third person authority to deal with their property. The question on appeal was whether the language of the document extended the power of attorney to apply to each spouse’s separate property.
Facts of the Case
William and Sara Matteson were married for some years when they decided to separate. To accomplish this, they divided all their household goods into boxes, labeling them according to which spouse they belonged to. The third group of boxes contained property that William was given to a son from a prior marriage, Murray Matteson. These were labeled with his name. All of these boxes were given to Lightning Delivery Co. (“LDC”) for storage. LDC issued three receipts, one in the name of each person owning the boxes.
Some months later, William stopped by and asked for his boxes and those belonging to Sara. LDC refused to give him those belonging to Sara, instead sending her a telegram asking her for authorization to give William her boxes. She wrote a letter asking LDC to explain what was going on. However, before LDC got the letter, it received a telegram telling it to give those boxes to William, signed by Murray as “attorney in fact” for Sara. Murray appeared at the storage units and showed LDC a power of attorney signed by William and Sara making him their attorney in fact, with the power to generally represent them in property matters. LDC turned over Sara’s things to Sara, and when she came to claim them, they were not there. She filed a lawsuit against LDC for the value of the property and won. LDC appealed.
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
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After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
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Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
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Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.
I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.
The Supreme Court reviewed the power of attorney and determined that it did not apply to Sara’s separate property, but only to community property of the two spouses. The document spoke in plural terms, using “we,” “our,” and ‘us,” rather than first person singular tense “I”. Given the general rule that, under Arizona law, the language of a power of attorney is construed strictly and narrowly, the Court found that the power of attorney only applied to goods and property held by both William and Sara.
Husband’s Power to Dispose of Marital Property
In Arizona, during the years that this case was pending, a husband was given specific legal authority to dispose of the community property in a marriage. LDC argued here that since the property in the boxes was acquired during the marriage, it was community property, and that William was free to take and dispose of it. The Court rejected this view, finding that when William and Sara divided their property, the character changed from community to separate property. Under Arizona law, a husband does not have authority to dispose of a wife’s separate property.
