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

Answers:

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.


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