Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

The ability of someone with power of attorney to sell a house depends on the specific powers granted in the power of attorney document. It is crucial to understand that a power of attorney (POA) can be tailored to grant various levels of authority, ranging from limited to broad powers.

In general, if the power of attorney explicitly grants the authority to sell real estate or manage property transactions, then the agent (also known as the attorney-in-fact) may have the legal right to sell the principal’s house. However, this power must be clearly stated in the POA document. Many standard POA forms include provisions for real estate transactions, but it is essential to review the specific language used.

It is important to note that even if the POA grants the authority to sell property, the agent is still bound by fiduciary duties to act in the best interests of the principal. This means that the sale should be conducted in a manner that benefits the principal and aligns with their wishes, if known. If an agent abuses their power or acts against the principal’s interests, they may be held legally accountable.

Furthermore, some jurisdictions may require additional documentation or court approval for the sale of real estate by an agent under a power of attorney, particularly if the principal is incapacitated.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.