FACT or FICTION: Real Estate Transfers with POAs
Contributor: Maria L. Shinn
FACT or FICTION: I can't transfer real estate using a Power of Attorney.
A Power of Attorney can be used to transfer real estate in Ohio.
It is always best, whenever possible, for the owner of the real estate to sign the deed him/herself. However, there are times when the owner's incompetence or unavailability prevent the owner from signing the deed.
An agent ("attorney-in-fact") may transfer real estate for the owner under the following circumstances:
- The Power of Attorney is legally valid and has not been revoked.
- The Power of Attorney specifically gives the agent the power to transfer real estate.
- The agent is acting in good faith and in the owner's best interests.
- The Power of Attorney has been recorded at the county recorder's office prior to the transfer.
If the owner of the real estate is unable to sign the deed and the agent must transfer the property on behalf of the owner, the agent should consult with an attorney and the real estate agent to discuss using a POA to complete the transfer.