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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40664
Experience:  Texas Attorney for 30 years dealing in real estate
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My mother has dementia. I have a document that is titled

Customer Question

My mother has dementia. I have a document that is titled "General Power of Attorney" that gives me power of attorney for my mother. I am in the process of buying a house for her to live in. The Title Company is saying that the power of attorney document I presented is not a "durable" power of attorney. It is my understanding that, as long as the power of attorney explicitly states "This power of attorney shall not be affected by my subsequent disability or incompetency" that is is, in fact, a durable power of attorney. The General Power of Attorney my mother had her lawyer draw up in 2014 DOES explicitly state just that. Is this a Durable Power of Attorney?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 5 months ago.

I would agree with you that they should honor the POA.You may have to work around this.Is it possible for you to buy it and quit claim it to her.The other option here is to try another title company.I would agree with you that they should honor the existing power of attorney.These are the options I see here trying another title company or perhaps you buy it and transfer it to her name later on quietly.I agree that the power of attorney has durability language as you state.My experience is that this varies among title companies and you might get different answers in different places.Shop this to see if another would accept this.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate it is much appreciated.

Customer: replied 5 months ago.
Thank you Ray, that's exactly what I suspected. Thanks for the quick response. Cheers!
Expert:  Ray replied 5 months ago.

You are so welcome.Take care and thanks for rating 5 stars.

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