Does one who has the Power Of Attorney of an estate occupied by Family members, have the right to access units of that

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Customer: Does one who has the Power Of Attorney of an estate occupied by Family members, have the right to access units of that estate?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Virginia
JA: What documents or supporting evidence do you have?
Customer: Durable Power Of Attorney
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: One of the Tenants refuses to allow entrance, because she has no water, sewage. The other tenant is hospitalized, and it doesn't look go for her. She also has a friend who won't allow access to the unit.
Answered by Attorney Bruce in 1 min 2 months ago
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Attorney Bruce
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Attorney Bruce, Expert

Thank you for your question. My name is***** been practicing law for thirty seven years. Kindly allow me to review your post. Be right back.

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Attorney Bruce, Expert

Welcome. Thank you for the opportunity to assist you today. I know that legal issues can be frustrating.

Just so you are aware, You have reached JustAnswer.com, an online legal question and answer site. Just Answer is just a legal information site. We do not provide representation and no attorney-client relationship is formed.

I will provide answers to assist you in reaching a resolution as quickly as possible.

Please be patient if I do not respond right away as I may be researching or typing my responses or assisting another Just Answer customer.

I have reviewed your narrative. Sorry you have to deal with this unfortunate situation.

Please clarify:  What do you mean by Power Of Attorney of an estate?.  Only an individual can give Power of Attorney.

Customer
My wife is in charge of her mother's house, and she appointed me as the Durable Power Of Attorney.
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Attorney Bruce, Expert

Ok, thanks.

Please define what you mean by "in charge"?

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Attorney Bruce, Expert

Is your wife acting as her mother's property manager?

Customer
Her mother is deceased., and my wife is in a transition home.
Customer
Hi
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Attorney Bruce, Expert

If her mother is deceased, the property is owned by her mother's Estate.

Is your wife the Executor or Administrator of the Estate?

Customer
Hi
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Attorney Bruce, Expert

Ok.

So in Virginia, a landlord must provide 24 hours' notice of entry, but such notice is  not required to if the entry follows a tenant's request for maintenance or in an emergency.

If you are POA for your wife, you have whatever rights she has.

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Attorney Bruce, Expert

Correction:  It is 72 hours notice.

This is the law:

https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1229/

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Attorney Bruce, Expert

Thank you for giving me the opportunity to assist you.

Based upon the information you provided I have given my best reasoned answer in accordance with applicable law and practice. If any part of my response is unclear, please let me know. Please feel free to ask more questions on this topic and I will be happy to continue to assist you here in this chat.

Best wishes for a successful outcome. Thank you for using Just Answer! We appreciate the opportunity to help you. If you have future matters, please open a new question thread and request "Attorney Bruce" by clicking here: https://www.justanswer.com/law/expert-attorneybruce/?rpt=3800

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