Florida Durable Power Of Attorney
Q.My Dad has moderate to severe AD. He and Mom moved in with my sister in Jacksonville, FL about a year ago to be closer to the Mayo Clinic there. She recently decided to buy a home in the area. She really had a lot of problems finding someone who would finance a home based on her power of attorney for my Dad. She called her lawyer (an elder law specialist recommended by the local Alzheimers association) and the lawyer didn't seem to know much about the problem or care (but she did bill them $65 for the phone call). She eventually did find a mortgage company willing to deal with the POA and bought a home near my sister. She is intending to sell their current home and property but the ordeal of buying this home and several of the realtor/banking people telling her that the POA won't work for selling the property have her scared. I'm not looking for free legal advice, just anyone's experience with selling real estate with a POA so I can help my Mom get through this next hurdle.
A.I had Grayson's Durable Power of Attorney, and I sold our home in Florida without a problem. I had to take the POA in to the office that was transferring the title (mobile home) and show it to them. Maybe our lurking advocate could check this one. I believe the POA authorizes the appointee to act on behalf of the person granting the power, but it does not impose any legal requirement for a third party to accept it. Then again that could be taken care of by bringing a civil action against the organization refusing to accept it based on the harm done to the person who had granted the power. There have been one or two cases here where POA were not accepted. It's also possible that the sign off on the property transaction may have required the dependents signature because they were co-owners of the property, and your POA only covered the interest of the person who empowered you to act on their behalf. A minefield can look like a main highway compared to the minefield of the law.
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