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I am taking out a Home Equity loan on my condo in Denver. My

son lives in Denver, while...
I am taking out a Home Equity loan on my condo in Denver. My son lives in Denver, while I live in NJ. Do I require a special POA to have my son attend the closing for me?

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Answered in 1 minute by:
8/26/2013
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,250
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, legally you can do this through a Financial Power of Attorney, also known as a General Power of Attorney or General Power of Attorney for Property gives an agent authority to manage your finances and property, and to transact business on your behalf. The agent has the obligation to make decisions based upon your preferences and the authority granted in the document. An agent may not override your wishes. In general, the agent has authority to do whatever you would do, for example, withdraw funds from bank accounts, trade stock, pay bills, cash checks as expressly limited in the power of attorney. When transacting business on your behalf, the agent must use your finances as you would use them. As of January 1, 2010 all financial powers of attorneys signed are considered “durable” unless otherwise stated in the document. Medical Power of Attorney. A Medical Power of Attorney generally gives an agent the authority to make medical and personal care decisions on your behalf.

ScottyMacEsq :

Here's a form that you can use:

ScottyMacEsq :

It would need to be filed out, signed, and notarized, and your son should have the original. Everything that he signs should be "[your name] by [his name], attorney in fact".

ScottyMacEsq :

You should inform the title company of your intent to have him do this.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

the form you sent over mentions "State of Colorado" where the notary would sign. I live in NJ so will have the POA notarized here, but the transaction takes place in Denver

ScottyMacEsq
ScottyMacEsq, Lawyer
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