A Power of attorney (POA) is a legal tool that grants someone the authority to act on your behalf in various matters. Having a POA is especially important if you own property or assets. The Power of Attorney can handle real estate transactions on your behalf. In some scenarios we have seen, buyers and sellers have become unexpectedly incapacitated during their transaction. A POA would enable the transaction to move forward, as the incapacitated person would have intended it to. Without a POA, everything would come to a halt. For this reason, we encourage everyone to get a Power of Attorney.
In order to have a power of Attorney you must select someone to be your Agent. This is the person you choose and trust to make decisions on your behalf. Then you must obtain and complete the adequate forms. You can reach out to us directly for these. You must have two witnesses, the documents must be notarized, and the POA must be recorded in the County Recorder’s office. Capstone Land Transfer and Zulli Law, PLLC can arrange and coordinate this process for you. Our on-staff attorneys will ensure you meet all requirements and answer all of your questions.
Action Steps to set up a Power of Attorney for a real estate transaction
- Decide who you want to be your “Agent” (often a spouse, child, relative, friend)
- Verify they are willing to be your “Agent”
- Contact Us (or your personal attorney) to draft and record the document
- Sign the POA in the presence of a Notary and two witnesses
- Your “Agent” must sign the document
- Document is recorded in County Courthouse
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