Posted by Anonymous on 5/27/06 9:28pm
Msg #122791

Limited Duarble Power of Attorney

I'm having difficulty understanding who's name goes here.
The POA reads:
Known ALL MEN BY THESE PRESENTS: That the undersigned,("Grantor"(s) " being od legal age, DO (ES) HEREBY CONSTITUTE and appoint ______________________ also of legal age , as Grantor(s) true nd lawful attorney in fact for and on behalf and in the Grantor (S) name, place and stead to do any and all of the following acts:



Is it the grantors- ? Please ny help would be appreciated. THX>

Reply by PAW on 5/27/06 9:45pm
Msg #122793

The "grantee" name(s) goes in the blank. The grantee is the "Attorney In Fact" for the grantor. Carefully re-read the statement and noticie the the blank refers to the name of the "Grantor(s) true and lawful attorney in fact ...".

Reply by BrendaTx on 5/27/06 9:47pm
Msg #122795

Re: Limited Duarble Power of Attorney - teach me PAW...

I guess I have never seen this before. I need to know what circumstance would cause it. The only LPOA I have seen has the lender's name or a spouse name.

Enlighten me...this is new and I am all ears.

Reply by BrendaTx on 5/27/06 9:53pm
Msg #122796

Re: Limited Duarble Power of Attorney - teach me PAW...

I think I get it...I think....maybe...but I do want you to explain...Texas wording would not be grantor/grantee if it was a POA...maybe on occasion, but not as a normal course of language...I don't see it in Tx documents...that I can recall...I was thinking grantor was a generic name used to describe parties in a conveyance.

Reply by Ndwa on 5/27/06 9:59pm
Msg #122797

Re: Limited Duarble Power of Attorney - teach me PAW...

You got it! Just plain English the way I read it. Matter of fact, I did 2 general notary work last week for those POA. Mom & Pop going on a cruise and want to leave POA for their kid while they're away or should something happen during to them on the cruise.

Reply by PAW on 5/27/06 10:06pm
Msg #122799

Re: Limited Duarble Power of Attorney - teach me PAW...

Grantor is one who grants. In a POA, the grantor is commonly referred to as the Principal. But the generic legal terminology is grantor.

Grantee is the one who receives the grant. In a POA, the grantee is commonly referred to as the Attorney in Fact. But the generic legal terminology is grantee.

And, just for the record, the plural of Grantor is Grantor and the plural of Grantee is Grantee. You will see lots of legal professionals add 's' to the title, which I am told is incorrect.

Reply by PAW on 5/27/06 10:02pm
Msg #122798

Re: Limited Duarble Power of Attorney - teach me PAW...

I don't think I fully understand your question, Brenda. A LDPoA is used for many different circumstances, one of which is for the purpose of transacting real estate deals on behalf of another. Almost every day I'm at the title company, we do a closing where the "signer" is actually signing for someone else using a LPOA to do so. Usually not a Durable Power of Attorney though. But POA's are used for many other things, like child care. For example, I have a special needs daughter who lives in NH. My wife and I are her guardians (since she has reached the age of maturity), but we're not there for everything that needs to be handled. Therefore we have a person who we have given POA to act on our behalf for certain things in managing her care. This includes a LDPOAH (Limited Durable Power of Attorney for Heathcare) and one for some financial management.

Getting back to real estate transactions, I most often have spouses or other family members as the AIF for a grantor on the docs, but every once in a while, the Real Estate agent or a friend may be given the POA. Also, with many of the lenders, the POA must be issued within the past 3 to 6 months and expire within a year. Service members have been the exception.

Reply by BrendaTx on 5/28/06 12:01pm
Msg #122855

Re: Limited Duarble Power of Attorney - teach me PAW...

We are on the same page... I am sure it's common language to use, but it is not common language for Texans to see.

This language:

GRANTEE: _____
GRANTOR: _____

Appears on land conveyances - it had me confused.

Here's the same language used as far back as 1987. Limiteds have apparently been written the same way or I would have had to ponder the question being asked.


Here's Texas Statutory Language...

I, Lou Smith-Doe, 123 Lou Lane, Lou, Texas 77xxx, appoint as my agent John Doe, 123 Doe Lane, Doe, Texas, (attorney-in-fact) to act for me in any lawful way with respect to all of the following powers except for a power that I have crossed out below.
===================
No grantor/grantee... I could not figure out why grantee would become the automatic atty in fact! LOL...just because they were buy getting an interest in something from Grantor? Okay...that's another dumb notary joke on me, but that's the way I saw it.

Reply by PAW on 5/28/06 6:55pm
Msg #122903

Re: Limited Duarble Power of Attorney - teach me PAW...

It's not so much the -words- on the instrument, but the function or role of the person that determines grantor and grantee. With any instrument in which something is given or transfered from one person to another, there is always a grantor (giving or granting whatever) and a grantee (getting or receiving whatever), even if the words "Grantor" and "Grantee" are not specifically used.

Grantor ------> Grantee
--------------------------------------
Principal -----> Attorney in Fact or Agent
Seller -----> Buyer
Foundation (business providing grants) -----> Organization (receiving grant)
Employer -----> Employee

Reply by BrendaTx on 5/28/06 7:50pm
Msg #122905

Re: Limited Duarble Power of Attorney - teach me PAW...

You did a great job explaining that. Thank you very much.

Reply by BrendaTx on 5/27/06 9:46pm
Msg #122794

Not practicing law, etc....however, here's my spin...


Grantor needs someone to do something for them (i.e., the following acts you see listed...or which will be listed).

Grantor is going to put someone's name in that blank and call them their "attorney in fact" to act on their behalf.

You will not know who that is until they write it in there themselves.

Reply by Anonymous on 5/28/06 11:39am
Msg #122847

The form is for real estate/time shares. The attorney-in-fact would be the appoint?

Reply by Anonymous on 5/28/06 11:45am
Msg #122851

The form is for real estate/time shares. The attorney-in-fact would be the appoint?