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Can a power of attorney sell my mother's house and buy

Customer Question
Can a power of...

Can a power of attorney sell my mother's house and buy another dwelling, if so does paper work need to be completed thank you Jeanette Baker

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Nsw

Lawyer's Assistant: Has anything been filed or reported?

Done

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sorry don't get told anything

Submitted: 4 months ago.Category: Legal
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12/29/2017
Lawyer: Richard, Attorney replied 4 months ago
Richard
Richard, Attorney
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Lawyer: Richard, Attorney replied 4 months ago

Good afternoon. The POA would have the legal authority under a General Power of Attorney to sell your mother's house and to purchase another house. But, that doesn't necessarily mean that someone could not contest this action. A person acting under a Durable Power of Attorney becomes the agent of the principal who appointed him or her. As agent, that person is what the law calls a “fiduciary.” This means that person has a duty to act in the highest good faith for the principal’s benefit. It does not mean that the person can simply use the assets of the principal for the agent's own benefit. So, if the POA's actions are not deemed to be in the best interests of your mother, it could be contested.

Thank you so much for allowing me to help you with your question. 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 Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Lawyer: Richard, Attorney replied 4 months ago

Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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