Using a Power of Attorney For Real Estate Contracts

Free Power Of Attorney - Using a Power of Attorney For Real Estate Contracts

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The use of a Power of Attorney in connection with real estate contracts and be a fine tool, but care should be taken to avoid possible pitfalls. Here are a few common questions that Arizona real estate lawyers commonly face with regard to the use of the Power of Attorney in the real estate context.

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Free Power Of Attorney

Q. What is a Power of Attorney?

A. A Power of Attorney is plainly a signed document that authorizes one someone to act on behalf of another. A Power of Attorney is commonly used in Arizona real estate transactions when a party is not ready to sign conclusion documents and wishes to prescription another someone to sign for them. In such cases, if a Power of Attorney must be used, it should be small (Referred to as a "Special" or "Limited" Power of Attorney) to the assorted use for which it is intended. In most cases, an Arizona real estate lawyer should be consulted to make sure the Power of Attorney serves only the purpose it was intended for.

Q. Who are the parties to a Power of Attorney?

A. The parties are the valuable (who grants the power) and the agent or attorney-in-fact (who gets the power).

Q. What is the scope of the given power?

A. This depends on what the document says. In most cases the valuable should avoid a "General" Power of Attorney, which allows the agent to do whatever the valuable has the power to do. A special or small Power of Attorney (described above), on the other hand, will allow the agent to do only what the valuable requires to get the job done.

Q. How long does a Power of Attorney last?

A. Again, this can be controlled by what is stated in the document. If the written document does not specify an expiration date or event, the document commonly remains in corollary until it is revoked or until the valuable dies or becomes incapacitated or incompetent. In most cases, an expiration date should be included in the document because even after a Power of Attorney is revoked it remains efficient with regard to third parties who don't know it has been revoked.

Q. What is a Durable Power of Attorney?

A. In some cases the valuable wants the Power of Attorney to survive his or her disability. In such cases a Durable Power of Attorney is used to avoid the self-acting revocation of the Power of Attorney upon the principal's incapacitation or incompetence.

Q. Are there any special requirements for a Power of Attorney in Arizona?

A. Yes. In most cases the Power of Attorney must be signed by a witnesses not associated to the valuable and must also be notarized. Also, if the agent is to receive any compensation, this must be spelled out and separately initialed by the valuable and witness. There are other requirements and harsh penalties, along with possible criminal repercussions, so its a good idea to have an Arizona real estate lawyer help.

Q. How should the agent sign a document on behalf of the principal?

A. The agent should sign the principal's name "by _____ (Agent) as his attorney-in-fact."

As suggested above, you should be very meticulous before granting a Power of Attorney to someone else, or before according to act on behalf of someone as their agent. Its all the time a good idea to seek legal counsel from an experience Arizona real estate lawyer before doing so.

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