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John Legal
John Legal, Attorney
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My question is about citing a power of attorney. Im not sure

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My question is about citing a power of attorney. I'm not sure what type of lawyer will need to answer this question. There is a property in the family that needs to be sold and the proceeds will be divided up among the family members. The realtor suggested that the executor of the estate obtain a power of attorney from each family member in order to be able to act on our behalf to facilitate the sale of the property (we will also then each be presented with the offers on the house, and will be given the option to accept or decline.)

And so, I am about to sign a power of attorney for the executor. My question is even though the power of attorney states that the purpose of this power of attorney is for dealing wit this specific property, is it possible that by signing it, I might get myself in some other future trouble or complicate my life in some way that I am not aware of right now? For instance am I possibly giving away some power over my life in any other way that I am not realizing now, by signing this document. Also, once this property has been sold and dealt with, should I then sign or file something else to clarify and state that I no longer wish to have any have a power of attorney over me for any reason?

Thank you.
Welcome! Thank you for your question.

A power of attorney is revocable at any time. The power of attorney that you are describing sounds like a limited power of attorney. It is pretty standard to have a limited power of attorney that is related to a specific real estate transaction. I am unable to confirm that it is in fact a limited power of attorney without seeing the document. However, based on your description it sounds like language from a limited power of attorney. If it is not limited then it would give the person the right to deal with all your finances until you revoke it instead of just the real property.

You also need to know that the limited power of attorney likely gives the agent the authority to sell the property even over your objection of the offer. If you trust them to not follow through with this authority then you can choose to sign anyway.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

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