Property Personal Sale With Power Of Attorney In Oakland
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If an agent is to be given the power to manage real property, including the power to sell the property to a third party, the power of attorney should contain specific authority including the words “to grant and/or convey” the property. Powers of attorney concerning real property must be acknowledged (notarized).
YOU MAY NOT TRANSFER THE PRINCIPAL'S PROPERTY TO YOURSELF WITHOUT FULL AND ADEQUATE CONSIDERATION OR ACCEPT A GIFT OF THE PRINCIPAL'S PROPERTY UNLESS THIS POWER OF ATTORNEY SPECIFICALLY AUTHORIZES YOU TO TRANSFER PROPERTY TO YOURSELF OR ACCEPT A GIFT OF THE PRINCIPAL'S PROPERTY.
A power of attorney must be certified before it can be registered with the county recorder if it grants the agent the authority to undertake property transactions on your behalf. It is also important to note that a power of attorney cannot have the agent or anyone within your healthcare parameters named as a witness.
However, recording a POA with a Clerk-Recorder's office files it among the California public records. As such, anyone can copy or see the document. Note, however, that California law does not require the recordation of a power of attorney to demonstrate its validity.
If an agent is to be given the power to manage real property, including the power to sell the property to a third party, the power of attorney should contain specific authority including the words “to grant and/or convey” the property. Powers of attorney concerning real property must be acknowledged (notarized).
What a power of attorney can't do Change a principal's will. Break their fiduciary duty to act in the principal's best interests. Make decisions on behalf of the principal after their death. (POA ends with the death of the principal. Change or transfer POA to someone else.
No. The main reason is that the law requires the notarized signature of your mother to sell the property. This means that as her POA you would not have the authority to sell. Plus, if she is not consenting, the county clerk legitimately cannot transfer her interests in the real estate.
Generally, a person who suffers from dementia lacks the legal capacity to enter into any contract, including one to sell property.
