Can You Handle Your Property In USA If Suddendly Deported From USA?
If you’ve been living in the U.S. without legal documents that qualify for your legal stay and now are being deported from the U.S after Trump’s deportation policy and are wanting to know if at all law can be of any help to protect property or business you’ll have to leave behind in the U.S. after deportation, following might be some tools of help if your situation fits in accordingly.
Undocumented residents being deported from the USA can use a power of attorney to manage property left behind in the USA and their personal and business affairs.
Power Of Attorney Document-
If you are suddenly unable to manage your property assets, then a power of attorney which is the legal document to protect your assets, can be made in the interest of the person whom you trust in your absence to manage your property affairs.
What Rights Does A Power Of Attorney Give To A Person On Your Behalf?
You name a person in the power of attorney document as your agent or as your attorney in fact to act on your behalf that gives them the power to sign contracts on your behalf, make certain decisions on your behalf in your best interest, and handle your money in your absence.
What is your power while making a power of attorney?
You hold the power to direct into the power of attorney document, that when at what date the power of attorney begins and at what date the power of attorney ends and the list what kind of authority you want to give to the person in whose name you’ve made the power of attorney who is your agent on your behalf.
Duty of the person in whose name the power of attorney has been made, which means the agent who acts on your behalf through the power of attorney-
With accepting the power of attorney made by you in their name, the person who is your agent on your behalf comes under the fiduciary duty which means it is the duty to act in your best interest through the power of attorney that you have granted to them. They cannot have a conflict of interest from your interest.
So it’s of utmost importance to choose a person whom you trust in the name, of whom you form a power of attorney, someone you can place your trust in and who knows your family closely.
What all can you grant in your power of attorney to the agent?
- To support your family in your absence
- To pay your bills
- To manage your investments and bank accounts
- To handle your personal property
- To handle lawsuits on your behalf
- File taxes on your behalf
- To handle retirement plans and benefits
- To manage any civil, government or military benefits.
If you are leaving behind a business back in the USA-
If you’re leaving behind a business in the USA after your deportation you’ll require a person to manage your company, which includes to help transfer or sell your company or close it on your behalf.
You can either name and select the same person for personal affairs or name and select a different person to handle your business on your behalf who exclusively just focuses on your business.
Consult An Attorney-
Make sure to consult a property attorney before making any move or decision to appoint an agent through the power of attorney if dealing with sudden or subsequent deportation.