Real Estate Power of Attorney

By: Kent Pinkerton

A real estate Power of Attorney grants legal authority to another party or agent to make financial decisions regarding the principal's real property, including purchase and sale. In particular, the Power of Attorney provides the authority to negotiate, purchase, sell, convey, transfer, mortgage, preserve, or dispose of the real estate property (or properties) mentioned in the form.

The agent may manage the principal's real estate property; sell, convey and mortgage realty for prices and on terms as considered prudent; foreclose mortgages and take title to property in the principal's name; and implement deeds, mortgages, releases, satisfactions and other instruments relating to realty.

A real estate Power of Attorney is limited only to the extent that it grants authority only for real estate transactions; however, the powers granted in that regard are quite broad so the principal must grant such powers only to someone he or she trusts unconditionally. He must be confident that the agent will act in his or her best interests, keep accurate records, keep his or her property separate from the agent's properties and avoid conflicts of interest. Otherwise, the principal could be in danger of losing the real estate to a dishonest individual.

Any Power of Attorney that deals with the transfer of real estate must be notarized because the Power of Attorney needs to be recorded along with the transfer documents. All previous Power of Attorney documents relating to the property (or properties) are immediately annulled upon execution. Once executed, this Power of Attorney form goes into effect and remains in effect until revoked in writing by the principal, or on a specified date, whichever comes first. To revoke, cancel or annul any powers, a revocation form must be used.

Top Searches on
Estate Planning
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 

» More on Estate Planning