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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
