Eagle Mountain, UT asked in Landlord - Tenant for Utah

Q: Can I rent out a home with poa even if another person is on deed but not loan

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

A: You are describing two separate issues that don't normally get combined. Power of Attorney is needed to sign on behalf of someone else.

Renting out a home that you own a partial interest in is legal. Not every owner of the home needs to sign the rental agreement. One person acting on behalf of the other owners can do it, as long as the other owners don't object.

Keep in mind that all rental funds normally get divided among the owners according to their interest.

If you are not an owner, but you have a power of attorney, you are probably the child of a parent that signed a power of attorney for you to assist your parent with managing their estate for their benefit.

Keep in mind that not all power of attorney documents take effect immediately. The POA you have *might* not take effect until it is proven by a doctor that your parent is incompetent. Or it may be a POA that took effect as soon as it was signed. The details can be different in each POA, so if it is not obvious, you may need an attorney to help you.

If you are renting out a home on behalf of your parent, and you don't own the home, all of the funds from the rental must be paid into your parent's account. If they are alive, then it is very unlikely that the will and trust give you any inheritance prior to their death, in which case taking money from their estate could be considered a crime. Often it is allowed to seek reasonable payment from the family funds for the time you spend helping, but talk to an attorney to be sure what your options are.

If the person you have a POA for is deceased, then the POA is no longer valid.

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