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#18977 - 10/12/06 11:47 PM power of attorney
eastbayRE Offline
Member

Registered: 03/03/06
Posts: 10
Loc: East Bay
I need a little advice. My client is going to be selling her mothers home (mom has dementia) and will be getting power of attorney soon. I have never dealt with an power of attorney. Is there special paper work I need to use. I couldn't find anything on winforms. I am CA located in the bayarea. Any help is greatly appreciated.

Thank you.

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#18978 - 10/13/06 01:39 AM Re: power of attorney
realestate_leader Offline
Member

Registered: 01/23/06
Posts: 14
Loc: Queens N,Y.
No Nothing let the attorney guide you.Any listing agreements should be signed by the client as with her name and underneath in parenthesis in behalf of person she is representing.If its an estate the title is executor.She may be going through a guardianship proceeding also. You should ask if she is the legal guardian.If not have her consult an attorney.Actually you should get all your facts and consult your boards attorney before executing any sales contracts on the home.
Being that she has dementia and how severe she may not be capable of granting power of attorney and you can end up on the wrong side of a suit especially if there are other siblings involved.The fact that you have knowledge of Moms incapacitated state may implicate you if there is fruad involved or litigation from the siblings.If mom has been.Ask a lawyer protect yourself no listing is worth the possible hassles.Ask for a copy of the guardianship papers for your files. Cover your bases.

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