Estate Law Questions? Ask an Estate Lawyer.
Hello. My name is***** am an attorney. I am here to help you with your question. I will review it. And then we can discuss it. Okay?
Depending on the terms of the Power of Attorney, an attorney in fact (the person with the power) could make a real estate transfer. However, there is risk involved because the person could be accused of "self dealing," meaning taking advantage of the Power of Attorney to benefit the person. If a Father still has his capacity enough to make business decisions, it may be best for the Father to transfer part of his ownership to whom he designates. Let me know if you further would like to discuss this matter.
Hello: Do you need further help on this question? If so, let me know. Thank you.