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Commonly Asked Questions about Power of Attorney for Property Sales

A statutory or durable power of attorney gives an agent permission to access bank accounts, sell property and make other important decisions when the principal becomes incapacitated or unable to make decisions. It stays in effect until revoked or until the principal dies.
A power of attorney for real estate is a simple legal document that allows you to give someone the authority to buy or sell real estate for you, or to conduct any other business involving real estate that you own.
Yes. If the power of attorney has been executed with the formalities of a deed and authorizes the sale of the principals homestead, the agent may sell it. If the principal is married, however, the agent also must obtain the authorization of the spouse.
If youre wondering whether a power of attorney (POA) can sell a property before death, the answer is yes. A POA grants legal authority to another person to act on behalf of the principal. If it includes the authority to sell the property, the agent can sell it before the principals death.
The person named in a power of attorney to act on your behalf is commonly referred to as your agent or attorney-in-fact. With a valid power of attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power.
In general, the Principal (whomever created the Power of Attorney, or POA) can always override the legal document. Beyond that, there is also a possibility for others to try and put a stop to a POAs powers, too.
You must record a power of attorney in the deed records of the county where the property is located.
Potential Disadvantages of Being a Power of Attorney If you bdocHub your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable.