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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117433
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My dad lives and owned a home 15yrs ago. He got sick and signed

Customer Question

My dad lives and owned a home 15yrs ago. He got sick and signed a power of attorney thinking it was limited to just getting money for medicine but it actually was a general POA. His sister signed the home over to his mom, which he didnt know about. 2 years later is when he had the POA ended and he found out about the change. It there anything that can be done as 15 years has passed? This is in NC.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did the general PoA state she could transact in real estate, it has to say it specifically?
Also, he found out about the change 13 years ago (15 he was sick and signed the PoA and 2 years later he ended it)?
Customer: replied 2 years ago.
He doesn't know what exactly he signed as it was signed from his hospital bed when he was heavily medicated. Where would i find this POA?He was told that the house title was transferred two years later as this is how long it took him to recover, and that was when he found out the POA needed to be ended. Yes this all happened 15 years ago.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
The problem is he discovered the breach 13 or so years ago, so the statute of limitations would prevent him making the claim now, as the statute of limitations would hold he has to bring a claim within a certain time from discovery of the violation. A PoA is a contract, the statute of limitations for him to have filed a suit in NC for breach of contract would have been 3 years from when he discovered the breach.
Now, there is an alternative is challenging the PoA, but you must find a copy of that PoA, they are not registered with courts. If the PoA did not give specific rights to transact in real estate, then any transfer of real estate by the PoA would be invalid and that means the transfer to your mom would not have been valid and can be rescinded by suing in court on that basis. However, without the papers to show what he signed it would be too late to challenge on any other basis I am afraid, as he discovered it 13 years ago and that is when the real challenge should have been made.