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Richard, Attorney
Category: Legal
Satisfied Customers: 53669
Experience:  Attorney with 29 years of experience.
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If a person has a durable power of attorney and someone will

Customer Question

If a person has a durable power of attorney and someone will not accept it to sign legal documents and the person signs it, is that document valid?
Submitted: 5 months ago.
Category: Legal
Expert:  Richard replied 5 months ago.
Good morning. My name is ***** ***** I look forward to helping you. Could you explain the facts a bit more fully for me? Specifically what kind of document? And who is not accepting the signed document? Thanks.
Customer: replied 5 months ago.
This is for a real estate transaction the couple the husband owns the home solely wife is not on it she is disabled has power he has durable power of attorney over her from LegalZoom which states that he can handle all of her real estate banking transactions medical Exedra the title company says that they refused to use her power of attorney stating that due to what she said that she has to be the one to sign it for a homestead remind you that this woman is not on any documentation at all the husband owns a home solely the lady says that she has to sign the homestead paperwork for him to sell his home he has a durable power of attorney my question is when that durable power of attorney if she does not accept it and she she doesn't accept it but the woman's signs the documentation for the homestead is that paper legal with her already appointing her husband power of attorney to sign all legal documents for her
Expert:  Richard replied 5 months ago.
Thanks for following up. The title company is definitely not the arbiter on whether or not the document is legal. The only issue with regard to the title company's view is whether or not the title company will issue a title policy. Title company's are very conservative and in insuring title, they want EVERY possible risk removed. So, that's why they're taking this position. BUT, that doesn't mean your document is not legally binding. It simply means the title company is making a business decision not to issue the title policy without the wife's consent so they don't have to worry about it. To solve the title company's problem, you could do one of the following two things: i) change title company's to one that will be more willing to consider the facts than their risk; or ii) file a petition with the court to have the court rule that the POA has the authority to sign the document. The title company would then accept the court's decision because it would give the title company something to rely upon. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!