Case Study: Seller Sold Land With Power of Attorney For A Parent

We recently had a seller whose mother was in a nursing home and they were liquidating assets to pay for long-term care. The seller had a POA for her mother, and we were able to complete the sale. Sharing the process here so it can help you if you, or someone you know is in that same situation.

A Power of Attorney (POA) is a legal document that grants an individual the authority to act on behalf of another person, known as the principal, in various financial, legal, and personal matters. If you find yourself in a situation where you hold a valid Power of Attorney for another person and need to sell land on their behalf, it's essential to understand the legal implications and responsibilities that come with this authority. In this article, we'll explore the conditions under which you can sell another land using a Power of Attorney.

Review the Power of Attorney Document The first step is to carefully review the Power of Attorney document that grants you the authority to act on your mother's behalf. Not all POAs are the same, and the extent of your powers may vary. Some key points to consider are:

• Specific Powers: The POA document should clearly state whether it grants you the authority to sell real estate or handle property-related matters.

• Limitations: Check if there are any limitations or restrictions on selling real estate in the document.

• Expiration: Determine if the POA has an expiration date or if it remains in effect until it is revoked.

Verify the Validity of the POA Ensure that the Power of Attorney document is valid and has not been revoked or terminated. If your mother has since revoked the POA or if it has reached its expiration date, you may no longer have the legal authority to sell the land.

Our Title Company Will Review the Documents And Sign Off On Them. Our National Title Company will verify the authenticity of the Power of Attorney and ensure that it is in compliance with local laws.

Questions? Let’s Talk About Your Situation. We Are Here To Help!

In summary, if you have a valid and appropriate Power of Attorney document that grants you the authority to do so, you may sell another’s land on their behalf. If you have any questions about this process, or need further clarification on what’s required, please reach out to us. We are here to help you navigate your land sale.

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