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5 Situations When You’ll Need to Use a Power of Attorney for Real Estate

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BY Grover Collins

Founder & Managing Member

When it comes to real estate, having a power of attorney can be a valuable asset. A power of attorney for real estate gives one person the legal authority to act on behalf of another person in matters related to real estate transactions. There are several situations where having a power of attorney can be beneficial, and it’s important to understand when you may need to use one. In this blog post, we will discuss five of the most common situations where a power of attorney for real estate may be needed.

1) If you’re buying or selling property while out of the country

When you’re buying or selling a property from abroad, you may need to use a power of attorney for real estate. A power of attorney allows you to designate someone else as your representative in the transaction, so they can act on your behalf. This could include signing documents, accessing confidential information, and making decisions regarding the sale or purchase of a property.

In order for the power of attorney to be valid, you’ll need to draft an official document that is recognized in your home country. This document should outline the scope of authority that you are granting to the person whom you are appointing as your representative. It should also specify the duration of their powers, as well as any conditions under which they may no longer be authorized to act on your behalf.

Once the document is drafted and signed by both parties, it should be notarized and registered with the local government. This will ensure that your interests in the real estate transaction are legally protected.

Having a power of attorney in place can make buying or selling property from abroad much easier and less stressful. It’s important to choose your representative carefully, and make sure that they understand their responsibilities in the transaction. That way, you can rest assured that your interests will be protected while you’re out of the country.

2) If you’re unable to be physically present for the closing

One of the most common reasons for needing a power of attorney for real estate is when the seller or buyer cannot be physically present for the closing. This could be due to work commitments, medical issues, travel plans, or any other reason. When this is the case, the person who needs to be at the closing must give a power of attorney to a trusted third party in order to sign and complete the paperwork. This trusted third party may be a family member, friend, attorney, or real estate agent.

The power of attorney will enable the third party to act as the buyer or seller’s agent and to legally sign the closing documents on their behalf. The power of attorney must be notarized and must include specific details of the powers granted. It must also list the terms and conditions of the sale and provide detailed instructions for the third party to follow.

It’s important to note that there are also state laws which govern how and when a power of attorney can be used in a real estate transaction. It’s important to check with your state’s laws before granting a power of attorney in order to ensure that it is being done correctly and legally. Additionally, the person signing the power of attorney must fully understand what they are signing and that they are giving up legal authority to act in their name.

By granting a power of attorney to a trusted third party, buyers and sellers can rest assured that their real estate transaction will be handled in their absence. By following the legal guidelines and ensuring that all paperwork is properly completed and notarized, buyers and sellers can be sure that their real estate transaction will proceed smoothly even if they cannot be physically present for the closing.

3) If you’re in the military and deployed

Having a Power of Attorney (POA) in place can be especially important if you are an active-duty service member and deployed. You may not be able to attend closing or sign important documents in person, but having a POA allows you to designate someone else to act on your behalf. This way, you can remain in control of the process even from a distance.

Before you deploy, it’s important to have a plan in place for managing your real estate transactions. A POA should be executed by all parties, outlining the specific powers you are granting to your agent. The document should also include a clear statement of what is expected of the agent, such as signing and filing paperwork, handling deposits and payments, and obtaining and providing information regarding the property.

It is best to appoint someone who is familiar with your situation and has access to reliable communication tools. If you are buying or selling a property while deployed, having a trusted third party to handle these matters can give you peace of mind that everything is being taken care of as planned.

When you are ready to return home, remember that a POA is typically only valid while you are deployed. If you want to extend its authority after returning, you will need to file additional paperwork with the court.

Having a POA in place is a great way to manage real estate transactions while deployed. It will ensure that the process runs smoothly and that you remain in control of the situation even from afar. 

4) If you’re in the hospital or nursing home

When you’re in the hospital or nursing home, you may find yourself unable to attend real estate transactions. Fortunately, a power of attorney (POA) document can help you manage these activities from afar. With a POA, you designate an agent who will be responsible for handling any real estate matters on your behalf. This agent can do anything from signing paperwork and attending meetings to negotiating contracts and accepting payments.

Having a POA in place before you’re hospitalized can make it easier to handle real estate transactions while you’re in the hospital or nursing home. You can easily draw up a POA in advance, designating a trusted individual or business to serve as your representative. The POA should include specific instructions about the types of transactions you want your agent to handle and any other terms and conditions that apply.

It’s important to note that if you plan to use a POA to handle real estate transactions while in the hospital or nursing home, you must ensure that the document is legally valid. Make sure that all requirements are met, including having two witnesses sign the POA and notarizing it as well. Once your POA is valid, your appointed agent can act as your stand-in for any real estate transaction.

Using a power of attorney can be a great way to handle real estate transactions while you’re in the hospital or nursing home. By drawing up a POA before you’re hospitalized, you’ll have peace of mind knowing that your real estate matters are taken care of and that your wishes are respected.

5) If you’re in jail

Using a power of attorney for real estate when you’re in jail can be a complicated process. Depending on the length of your sentence, you may have to find a way to authorize someone else to complete the closing on your behalf. This can be done by obtaining a special power of attorney form from the court and having it notarized. You must also provide the court with documentation of the real estate transaction and proof that the person you have selected to act as your attorney-in-fact is qualified to do so.

The process can be lengthy and complicated, so it is important to have an experienced real estate attorney help you through it. It is also important to note that powers of attorney for real estate are only valid for a specific length of time. In most cases, this means that the form needs to be renewed every year.

Ultimately, if you find yourself in jail and need to use a power of attorney for real estate, it is best to seek the help of an experienced real estate lawyer who can guide you through the process and make sure that everything is done correctly.

Contact a Nashville Real Estate Attorney today!

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All information provided on this website is for general information purposes only and not intended as legal advice. Persons reading information found on this website should not act upon this information without seeking the advice of legal counsel. Said information on this website is not intended to create an attorney-client relationship. Receiving and/or viewing said information does not constitute an attorney-client relationship. Prior to acting on any legal information found on this website or otherwise, Collins Legal advises you to seek the advice of legal counsel.