Can a durable POA execute real-estate deeds for an incapacitated but still-living principal?
I have a question about what a POA can do regarding a personal family matter.
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If the POA is durable and grants real-estate powers, the agent can act while the principal is incapacitated, including executing deeds, as long as the POA language specifically authorizes it. Laws vary by state.
The agent generally has the authority to act on real estate. Review the POA’s language, ensure it is properly recorded if required, and follow local laws.
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I have a question about what a POA can do regarding a personal family matter.
Is there anything else the lawyer should know?
How much is it to talk to the right attorney?
Hey there! I'm an attorney here to provide legal information. I understand you have a POA question involving real property. Have you considered what actions you're trying to take with the POA?
In general, can a POA execute a deed at death for an incapacitated person?
A POA ends at death, so the agent cannot act after the principal dies.
No—the person is still living, just incapacitated.
If the POA is durable and grants real-estate powers, the agent can act while the principal is incapacitated, including executing deeds, as long as the POA language specifically authorizes it. Laws vary by state.
The agent generally has the authority to act on real estate. Review the POA’s language, ensure it is properly recorded if required, and follow local laws.
Where would I find information on the local laws and regulations?
Check your county recorder or clerk of court. A local real-estate or estate-planning attorney can also advise.
EsquireChamp
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