Power of attorney in real estate?

Question

Deal in progress but moving slowly. Seller in nursing home. I ask why not power of attorney since sellers family is “helping”. Agent says no power of attorney in real estate transactions. Is this really true?

Allan Smith · Answer

You can definitely use power of attorney in real estate. In fact I've done it before here in Tennessee. I can't imagine that California would be much different. It sounds like the agent is trying to make up excuses because they don't want to do that.

Tom Gimer · Answer

If the seller is in a nursing home and already under a disability, he or she may not have the capacity to grant the powers. First figure out the facts... the family may need to look into conservatorship (guardianship).

Power of attorney in real estate?

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