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Category: CA Real Estate
Satisfied Customers: 186
Experience:  I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.
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I had a Power of Attorney done recently, and I need to know

Customer Question

Hi, I had a Power of Attorney done recently, and I need to know if it's the right type for my purposes. I co-own my home with my mother and father -- they are retired and travel most of the year. I am looking to do a home equity line of credit through Wells Fargo, and my folks will not be in Los Angeles where I live when the paperwork comes back. As such I need a P.O.A. to be able to sign on their behalf. I have the P.O.A. done, but I wanted to double check with a real-estate attorney or the like to make sure I have the right P.O.A. Wells Fargo's underwriters are taking too long to get back to me, and my mother leaves town tonight. So if we have the wrong document I would like to be pointed to the right one so we can go see a notary right away.
Thanks in advance for your help!
Cheers,
Jason
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  Michael Lykken, Esq replied 1 year ago.

Hello and thank you for using this service. My name is ***** ***** I am a licensed California attorney. I will be happy to answer this question for you. Please understand that I can only provide you with general information in this forum. Finally, if I don't answer you immediately it is often because I am in court or a meeting, in which case I will respond at night if necessary.

Now that the formalities are out of the way, without seeing the actual power of attorney form it is difficult for me to tell you if it will work for the purposes of signing a home equity loan on your parent's behalf. Generally, the kind of power of attorney you need is a special power of attorney that is drafted for the sole purpose of signing the home equity loan docs. Does your power of attorney state when it is effective? Does it specifically state that it allows you to sign the home equity application? These are two of the things you need to look at initially to determine if it is proper for the purpose you intend it to be. If you can let me know the answer to those questions, I can help you determine if you need a new power of attorney.

Customer: replied 1 year ago.

Here is the P.O.A.

Attachment: 2016-03-29_231352_file-25-03-2016-08-50-23.pdf

Expert:  Michael Lykken, Esq replied 1 year ago.

Hello, I see that you have attached the power of attorney. Unfortunately, a review of a document is an additional service. If you would like me to review it, you will need to accept the additional service. If not, you can tell me what is in the power of attorney but I can't review it for you. Thank you.

Customer: replied 1 year ago.

My original request is for an answer to this question. My initial question did not allow an attachment (as far as I know) so I provided it in my follow up. I have been using Just Answer a looooooong time, and I think it's well within reason to expect that for $26 a simple glance could be taken at the document and provide some feedback on it. I have not received any help this far other than an opportunity to provide the document.

Thanks,

Jason

Expert:  Michael Lykken, Esq replied 1 year ago.

I'm sorry, but review of documents simply isn't part of the initial fee you paid. This is what I said in my initial answer:

"Now that the formalities are out of the way, without seeing the actual power of attorney form it is difficult for me to tell you if it will work for the purposes of signing a home equity loan on your parent's behalf. Generally, the kind of power of attorney you need is a special power of attorney that is drafted for the sole purpose of signing the home equity loan docs. Does your power of attorney state when it is effective? Does it specifically state that it allows you to sign the home equity application? These are two of the things you need to look at initially to determine if it is proper for the purpose you intend it to be. If you can let me know the answer to those questions, I can help you determine if you need a new power of attorney."