Bixby, OK asked in Family Law and Real Estate Law for Oklahoma

Q: My mother is living in assisted living and has appointed me as POA. It is durable general poa. Can I sell her home?

The poa under Powers of Attorney in Fact. states my power "include...to exercise...control & powers with respect to all of my property"

To sell, mortgage, or lease any and all real estate and interests in oil gas or other minerals, wheresoever situated, owned by me, and to collect, demand & receive rents, income, profit, bonuses, delay rentals, oil and gas runs, oil payments & overriding royalty payments derived therefrom, & to exercise, in all respects, general control & supervision over any real estate or interests in oil, gas or other minerals belonging to me"

Does this section only refer to real estate that pertains to oil and gas real estate or is her home included in that?

She hasn't become mentally incapacitated but she will never be able to return home. Need to know if I can sell her home to be able to pay for her care if needed.

Related Topics:
1 Lawyer Answer
Vincent Gallo
Vincent Gallo
Answered

A: From what is stated, it appears that you have the authority to sell real estate.

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.