Posted by Paul2/FL on 6/21/05 8:07pm
Msg #46644

POA Question

I search the forum before writing this but came up empty. Here's the question...
Can a POA that was created in MA be acceptable for the transition of a piece of FL property?

Reply by Paul2/FL on 6/21/05 8:51pm
Msg #46665

Rephrase POA Question

Here's the problem....
A person I know has the POA for a friend who is now incapacitated. Before becoming incapacitated, they owned property together in FL. In order to sell the property and take 1/2 the proceeds for the care of the incapacitated person, she had a lawyer draw up a Warranty Deed to transfer the property to herself. She can sign for herself on this deed but can she sign for her friend as her POA?

Reply by PAW_Fl on 6/21/05 9:20pm
Msg #46675

You need to pose that question to an attorney.

I certainly have an opinion about that, but it really is a legality question that only a licensed attorney can answer.

Reply by TitleGalCA on 6/21/05 10:01pm
Msg #46680

Re: Rephrase POA Question

I also agree with PAW, it is absolute a legal question and requires an attorney. But I can offer you this, as a title person, if presented with the documentation you described, and asked to insure it (understanding you did not ask whether or not title insurance would be requested) I would have to present it to my underwriter.

(Disclaimer that I am in CA, not FL)

Reply by Paul2/FL on 6/22/05 7:20am
Msg #46730

Re: Rephrase POA Question

Thanks PAW & TitleGalCA. The lawyer who generated the Warranty Deed said my friend had to get her incapacitated friend's signature on it but this was before reading the details of the POA document in her possession. This document gives her the power to sign for her friend for any property etc. that is located in any state or country so she is assuming she should be able to sign the WD for her friend. I should mention that her friend has AZ so getting her to sign would be impossible. WITH POA document in hand, my friend is now going to pose this question to her lawyer.