Saturday, October 31, 2009

If you have power of attorney on someone can they sell your home without your consent?

I have a client who is worried that someone might try and sell her home without her consent, Can they do this with a POA?
Answers:
I work in the legal field...
There are two types of POAs. Special and General.
If your client has a general POA then the recipient person has the legal ability to act unconditionally. They may buy, sell, lease, or rent property in the other person's name. Possibilities are almost endless, however most banks nowadays will not let the recipient open, close, or draft from checking or saving accounts without further proof.
I would suggest that your client IMMEDIATELY seek a lawyer to revoke that Power of Attorney, in writing, and serve a copy in person, or via certified mail. Additionally they should try to obtain all copies of that POA back. Some counties also require that a copy of the POA be filed in the local justice office. Ensure that the revocation order gets filed there as well.
Secondly, any POAs that your client might need can be filled by a Special Power of Attorney. These Power of Attorneys are very specific and list exactly what the recipient can and can not do.
Her attorney should have briefed her on both types. Good luck to her.
There are different kinds of POA's. There is a general and a specific. A general gives that person power to do pretty much anything you could think of in their name. A specific is like it sounds, where you give them power for something specific, such as power to be a caretaker of your child or to take care of your vehicle. My boyfriend works with this a lot so i will have him get on here and give you a better answer, but as far as i know yes they would be able to without consent because the POA serves as consent. They signed it stating the other person could do whatever under their name, IF IT IS GENERAL, so that gives them power to...i think!
if it is regarding POA of financial status they may try and get away with it but they could be taken to court over that for abusing the funds
I had POA for my dad. I would have been able to sell his home, his car, anything. In fact, he was unable to return to his apartment, so I was able to find and sign for an apartment for him.
HOWEVER, the proper POA will only cover what you want it to cover. For example, if you want to give someone power to sell your car, you can write a POA that will only cover selling your car.
If your client is worried that someone may try to sell her home without her consent, she shouldn't give that person full POA.
It depends on what kind of PoA it is. The previous answers mentioned some good points on the differences between general and specific powers-of-attorney.
However, if you read through it carefully, you will also note that there is a phrase in there something like "the agent must act in the interest of the principle.
So if this person tries to sell your house and pocket the money, that would clearly NOT be in the interest of the original owner, giving grounds to sue.

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