mother has power of attorney over father. Father’s sons name is on the deed of the house.

My mother in law has power of
attorney over her father and his
sons name is on the deed of the
house and has been for 2 years. he
is wanting to do a land contact with
me and she said no because she has
power of attorney. Can she do that
even though her name is not on the
house and she didn’t want the house
in the first place

Asked on May 2, 2017 under Estate Planning, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the only owner of the house is the son and the POA is from the father, then the POA is irrelevant: having a POA from person A gives you no right over the property of person B.
If the POA is from the son and the house is only in the son's name, it is also irrelevant: the agent or attorney-in-fact (person given power by the POA) has no authority to stop the property's owner (the person who gave her the POA) from selling it: the POA does not override the wishes of the person granting it.
Only if the POA is from father and he was an owner of the house--even not the only owner; i.e. if he and the son co-owned--could she use the POA to block the house from being sold, assuming the father did not himself want to sell it. She could use the authority granted by one owner to stop a sale by the other owner, since it takes the consent or agremeent of all owners to sell.


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