Can a durable POA sign a deed, or is a conservatorshop required?

We need to sell my mother’s small farm separate from residence in order to keep
paying her round-the-clock care at home. The property was deeded to my sister, but
my mother retained a life estate. Can I sign her portion of the deed as my mother’s
durable POA, or is a conservatorship required?

Asked on June 3, 2016 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the durable POA gives you power over her real estate (many POAs do, but they don't have to; a POA can be more limited in terms of the power(s) it grants), then you would have the power to sign a deed. You just need to check the terms of the POA itself to see what is included within its authority.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.