Can I sell my property to the person who has my POA or do I need to have my POA with a different person than I sell to?

My sister has my POA for dealing with my property and I may sell it to her. Do I need another POA with another person if I can’t sign myself?

Asked on March 3, 2012 under Real Estate Law, Washington

Answers:

Michael Freilich / Freilich Law

Answered 8 years ago | Contributor

First, a review of the actual POA must be undertaken. 2nd, you must have the legal capacity to deed your property. If you have the legal capacity to make a deed, and if there is no reason to the contrary, then as a matter Maryland law you should be able to deed the property to the holder of the power of attorney. However, an examination should be made of your relationship with the holder of the power of attorney. Depending upon the relationship and other factors this may raise the issues of undue influence and confidential relationships. If there is a mortgage or lien against the property, they should be reviewed because such a transfer may trigger an acceleration of the full amount due under the mortgage or deed of trust.


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