Using a Power of Attorney For Real Estate Contracts

Durable 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 qualified tool, but care should be taken to avoid potential pitfalls. Here are a few common questions that Arizona real estate lawyers generally face with regard to the use of the Power of Attorney in the real estate context.

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Durable Power Of Attorney

Q. What is a Power of Attorney?

A. A Power of Attorney is naturally a signed document that authorizes one person to act on profit of another. A Power of Attorney is generally used in Arizona real estate transactions when a party is not available to sign end documents and wishes to prescription another person 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 discrete 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 principal (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 principal should avoid a "General" Power of Attorney, which allows the agent to do anything the principal has the power to do. A extra or small Power of Attorney (described above), on the other hand, will allow the agent to do only what the principal 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 generally remains in corollary until it is revoked or until the principal 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even after a Power of Attorney is revoked it remains sufficient with regard to third parties who don't know it has been revoked.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 principal 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 extra requirements for a Power of Attorney in Arizona?

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

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

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

As recommend above, you should be very truthful before granting a Power of Attorney to person else, or before agreeing to act on profit of person as their agent. Its always a good idea to seek legal counsel from an perceive Arizona real estate lawyer before doing so.

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