Using a Power of Attorney to Buy or Sell a Home
When a home buyer or seller is using a power of attorney in Kentucky to buy or sell a home it is important to know what you need exactly to avoid any delays in closing. The title company handling a sale will need the original copy power of attorney. It also needs to be specific.
In certain circumstances an individual may have a general power of attorney for another person allowing him/her to handle a great deal of the legal activities. Sometimes this is the case if the person for whom the transaction is occurring is physically or mentally not able, or the subject is out of the country, perhaps deployed in the military, or just not available. This type of POA is not always acceptable.
When using a power of attorney for a home buyer or seller it is important to contact the title company and find out exactly what they will accept. It is closing attorney's job to make sure the transaction is handled legally. If an existing power of attorney is not acceptable the title company can remedy that before the closing takes place. The title company or closing attorney can prepare a power of attorney guaranteeing it will be correct and ensuring a smooth closing.
Real estate agents who know a client is using a power of attorney can and should make sure the correct form comes to closing. Most often someone buying or selling a home is not familiar with what works for a power of attorney but a seasoned real estate agent should be. Give as much early warning as possible if your client is using a POA. Talk to the title company about the document your client has and make sure it works or help him/her get a new one.