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Those appointed under a Lasting Power of Attorney (LPA) can sell property on behalf the person who appointed them, provided there are no restrictions set out in the LPA. You can sell your mother's house as you and your sister were both appointed to act jointly and severally.
What Is Special Power Of Attorney For Sale Of Property? As the title suggests, a special power of attorney for sale of property is a document that enables a person to sell a property on behalf of another person. All the rights available to the person are limited explicitly in the document.
Keep in mind that the special power of attorney is only valid for the duration of your life. If you were to die, the special power of attorney (real estate) would be revoked. Your assets would then be managed according to the terms of your will or trust if you have one.
A special power of attorney allows a person (the principal) to authorize another individual (the agent) to make legal decisions on their behalf. The agent can act on behalf of the principal only under specific, clearly defined circumstances.
You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
To reiterate, with a power of attorney property can only be sold if the subject is incapable of making a decision - but the sale must be in the subject's interests.
The Principal must be of legal age (18 years old and above) to sign a Special Power of Attorney. Thereafter, the user must specifically describe the acts or transactions that the Agent is authorized to perform or enter into and choose whether the Power of Attorney will be valid only for a specific period of time.
Difference Between General And Special Power Of Attorney A General power of Attorney is very much different from a Special power of Attorney. The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task.
Provided there are no restrictions within the lasting power of attorney (LPA) or enduring power of attorney (EPA) you can usually do the following: Sell property (at market value) Buy property. Maintain and repair their home.
5 steps on how to process your Special Power of Attorney (SPA)Prepare SPA. Self-preparing.Notarize SPA. Have your SPA notarized by visiting Notary public.Authenticate SPA. By going to Official Document Services (ODS) and having your SPA authenticated.Consularize SPA.Send to the Philippines.