Cape Girardeau, MO asked in Estate Planning and Real Estate Law for Florida

Q: In Florida, can POA sign for the principal on a quitclaim deed to the agent on the POA—grantor/grantee same person?

Can the POA in a durable power of attorney sign a quitclaim deed where the grantor is transferring to the grantee who is also the POA —legally if there is no stipulation in the POA against that? My mother and I have a property in Florida as joint tenants with survivorship to me but the property is so far away from where we live now that it is a burden on me and I need to sell it, but my mom is in a nursing home now with dementia— and I pay all her bills. The home is in lockdown due to Covid and has been for months so getting in is almost impossible much less bringing in witnesses etc. The property actually belongs to me but years ago we transferred it to my mom then back to us jointly so my mom could get homeowners insurance and qualify for an elderly assistance program to do some repairs on the house that she nor I could afford at the time. I’ve always paid for upkeep, taxes, etc on the property for 40 years.

2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: I know this is probably not the answer you want, but you really need to have the POA reviewed by an attorney. The answer depends on the exact wording.

Please also get personalized advice from an attorney on the effect such a trasactio

Jane Kim agrees with this answer

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: on the effect such a transaction might have on any government benefits that your mother is receiving. You might find that doing this is risky in that regard.

Chances are you are soon going to learn about the negative consequences of putting another person’s name on the title of property that they don’t “really” own.

Terrence H Thorgaard and Jane Kim agree with this answer

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