LandInvestors.com Forums **Ask A Question** deed prep with POA

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  • #1214

    Kevin Rhatigan
    Participant
    Post count: 107

    @luketsmith
    @stevenbutala
    @jilldewit
    @claire
    @mikeDugan

    Hi Steve, Jill, et al,

    Does anyone know the right way to word a deed when a POA is being used?

    (using fake names of course): I have one where John Smith is unable to sign but he has given power of attorney to his sister Mary Jones to make financial and real estate decisions for him and sign docs for him. I have a copy of the POA.

    My though was to show the property conveying from John Smith to my LLC.

    Then on the signature line I would put: “John Smith by his attorney in fact Anne Jones, power of attorney document attached”

    Then send in the deed and the POA paperwork to be recorded by the county.

    Is this the right way to do it?

Viewing 5 replies - 1 through 5 (of 5 total)
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  • Kevin Rhatigan
    Participant
    Post count: 107
    Pro

    @stevenbutala
    @jilldewit

    Forgot to ask everyone – is it okay to make the check from my LLC payable to the person holding the POA?

    Luke Smith
    Moderator
    Post count: 1262
    ProAdvanced

    @kevinrhatigan
    I don’t think there is a one and only definitive way. There is a gray area. To me it sounds like you are well withen the gray area. I’d roll with it and learn form the outcome. Next time you will have experience to go off of. Just my approach.

    As for the check, same idea. Who are you comfortable giving the money too?

    The other members will probably have better answers.

    Here is LegalZoom’s approach.

    Kevin Rhatigan
    Participant
    Post count: 107
    Pro

    @luketsmith

    As always Luke MANY THANKS!

    Jill DeWit
    Participant
    Post count: 439
    ProAdvancedStaffPrincipal

    Hi Kevin,

    Depending on the situation (family estate changes happening) there may be an attorney involved and that is always my first place to inquire. They may have the family member signing all items in a certain way to satisfy the Power of Attorney documents. I would ask and use that plus include the POA document when recording the deed.

    As far as payment, I would feel comfortable with that but it’s your call. You should have sufficient evidence that this is all legitimate and you are working with the right person or you would not be completing the transaction.

    Kevin Rhatigan
    Participant
    Post count: 107
    Pro

    Thanks Jill!

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