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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35332
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am the agent mother's POA. It is a durable POA without any

Customer Question

I am the agent for my mother's POA. It is a durable POA without any restrictions on when I can act on her behalf. She has retained a real estate agent to sell her home and has moved to an assisted living facility. She is in both good mental and physical health. Several issues have arisen regarding the listing of her home for sale. I forwarded her POA to her real estate agent, but he is refusing to answer any questions I have about the listing, stating that any questions I have must be submitted through my mother..his client. What recourse do I have to act in my mother's best interest?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unfortunately, while a duly executed POA gives you the right to act on your mother's behalf, it is not a document that others must legally comply with. They may comply if they wish and be protected because you are acting as your mother's agent---however, no business or person is legally obligated to deal with you.

The agent is likely trying to eliminate as much work for himself as possible by refusing to deal with you.

I would suggest that you draft a simple letter from your mother to the agent, directing the agent to deal with you on any and all aspects of the pending listing and sale of the property, and if the agent will not comply with the direct demands of your mother in this respect, consider replacing the agent for his failure to comply with the reasonable demands of his client.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
Then it appears to me that all the language in the POA stating I can act on her behalf without her permission is absolutely worthless.
Expert:  LawTalk replied 1 year ago.

Hi,

No, it is not worthless. Is simply does not give you the ability to "force" another person to treat you as your mother's agent.

Under the law, they may legally rely on the POA to deal directly with you, but no law compels them to do so.

In reality, it has been my experience that about 95% of businesses will honor the POA as a courtesy to their client/customer, and you have simply come upon an intransigent and unprofessional Realtor.

The one thing that I can tell you is that you do have the legal right to terminate the Realtor on your mother's behalf if you choose to do so. He cannot prevent that from happening.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug