when you have power of attorney of someones house, can you sell it?

by Lavern Fadel 8 min read

Transferring the legal right to buy or sell property for another can be performed by granting power of attorney (POA) to specific individuals or corporations. If someone holds power of attorney, he or she has the legal authority to act in specific ways for another person, such as buying or selling real estate.Oct 10, 2018

How to get a power of attorney?

How to get power of attorney if you need it 1 Understand the obligations of being an agent in a POA arrangement. 2 Evaluate that the principal has the capacity to sign a power of attorney agreement. 3 Discuss the issue with the financial institutions (mortgage holders) and physicians (whenever there may be questions about capacity). 4 Hire an attorney or contact a legal website like Legal Zoom, online on-demand legal services with a 100% satisfaction guarantee on all their filings. 5 Be supportive. Giving up control of a real estate transaction can be a hard adjustment for an elder family member. 6 Ask a lot of questions and make sure you understand the obligations for all parties under the document. 7 Make sure that the document outlines actions with as much detail as possible to avoid any gray areas that can be misinterpreted. 8 Get the final document notarized or witnessed — depending on your state’s requirements if they haven’t enacted the Uniform Power of Attorney act of 2006. 9 Record the power of attorney with the county clerk office where the home is located — depending on your state or county requirements. 10 Make authenticated copies of the document for safekeeping. 11 Always present yourself correctly as someone’s agent.

Can a power of attorney be used to sell real estate?

In certain states, like California, “General or durable power of attorney cannot be used to sell real estate ” says Glen Henderson a top-selling real estate agent in San Diego who also specializes in probate sales.

What is a POA in real estate?

“Power of attorney” (POA) is a flexible legal tool that grants permission for someone to act on another’s behalf on a temporary or permanent basis. In real estate, this can be an incredibly useful option for all sorts of situations, like if you had to sell your house but couldn’t be there due to a job relocation or deployment.

What is an agent in fact?

The agent or attorney-in-fact is the person who receives the power of attorney to act on someone else’s behalf. The agent will have a fiduciary responsibility to always act in the best interest of the principal for as long as the power of attorney is valid. A fiduciary, according to the Consumer Financial Protection Bureau (CFPB), ...

What happens to a non-durable power of attorney?

Similarly, with a non-durable power of attorney, once the transaction is complete, or the time period ends, the power of attorney is revoked. A durable power of attorney is when an agent can take over all aspects of someone’s affairs, in case he or she were to become incapacitated. This type of power of attorney kicks in ...

What is a special power of attorney?

A special or limited power of attorney is a different kind of non-durable power of attorney used in states like California for real estate transactions when the seller can’t be present due to absence or illness. Because it’s limited in both time and scope, it’s a great tool when you want to give someone a very specific responsibility.

Why is a power of attorney important?

Because it’s limited in both time and scope, it’s a great tool when you want to give someone a very specific responsibility. A medical power of attorney gives an agent (often a family member) authority over someone’s medical care once a doctor determines they are unable to make decisions on their own.

What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document that lets someone - for example your Mum or Dad - appoint one or more people (known as 'attorneys') to help them make decisions or to make decisions on their behalf.

What is a health and welfare lasting power of attorney?

Health and welfare lasting power of attorney. This gives you as an attorney the power to make decisions about things like: the giver's daily routine, for example washing, dressing, eating. medical care. moving into a care home. life-sustaining treatment. It can only be used when the giver is unable to make their own decisions.

What happens if you use a power of attorney for property?

If you use your power of attorney for property purchase for example, you must ensure it is entirely for the donor's interest. If you make a personal gain, you leave yourself open to criminal prosecution, and risk a lengthy jail term and/or an unlimited fine.

What is a life sustaining treatment?

life-sustaining treatment. It can only be used when the giver is unable to make their own decisions. Property and financial affairs lasting power of attorney. This confers on you as an attorney the power to make decisions about money and property for the giver, for example: selling their home. managing a bank or building society account.

When was the EPA created?

If your giver has an old style of Power of Attorney, called an Enduring Power of Attorney (EPA), created before 1 October 1987, then the rules are different.

What is Durable Power of Attorney?

The Durable Power of Attorney is a very important document that if written and executed correctly, legally authorizes Mother, while mentally competent, to nominate Daughter to handle financial transactions in the event of her incapacity.

Why is it necessary to sell a mother's home?

Often, we are told that selling Mother’s home is necessary because she no longer lives there and needs money to pay for her increased medical expenses such as 24 hour at-home care, adult day services programs, or assisted living care.

A. General Powers of Attorney

To begin with, we will address the most common question, ‘ What is general power of attorney ?’

B. How to Sell a House Using a Power of Attorney

Whether you are investing in a house or selling one that you have built, you need to understand how a power of attorney (POA) is used to make a real estate transaction. The first thing you need to find out is the type of power of attorney involved.

C. Seek Professional Help

By now, you should have a good understanding of powers of attorney and how they are utilized to sell real estate. These pointers will lead you through the full procedure. Having said that, always seek professional assistance.

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