QUESTION: My mother owns a condominium. As her son, I was given durable power of attorney and conservatorship and would like to run for the board. The HOA says I am not eligible since I am not an owner. My power of attorney allows me to represent my mother’s interest in all matters. The condominium is her largest financial asset. Our Trust/Probate attorney believes the HOA is obstructing my lawful authority under provisions of the power of attorney.

ANSWER: Your power of attorney allows you to conduct your mother’s business but it does not allow you to run for the board. If ownership is a requirement for serving on the board, you’re either on title or you’re not. By analogy, running for President of the United States requires that you be a natural born citizen and at least 35 years of age. If you are a 20-year old Canadian holding a power of attorney for a 40-year American citizen, you are not qualified to run for President. Sorry.

- Adrian Adams
Adams Kessler PLC
www.Davis-Stirling.com