Can 3 co-owners of land properties sign a power of attorney to only 1 co-owner without having to incur legal fees?

UPDATED: Oct 1, 2022

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Can 3 co-owners of land properties sign a power of attorney to only 1 co-owner without having to incur legal fees?

I own a few pieces of land, which is co-owned between 2 people who are relatives, 1 of whom is unwilling to communicate with the other who is still living on the land. Anything done with the properties must be in mutual agreement to be completed. The taxes on it are unpaid and the land is going to be sold to auction by the state or county in the near future. Can we sign a power of attorney over to the relative living on the land without dealing with a lawyer and then they can decide what to do with the property? My advice to the relative with the new power of attorney is to sell off the other pieces or parts of land to pay the taxes on the property the relative is still living on.

Asked on January 8, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, there is no legal requirement that a lawyer must draft a power of attorney--each co-owner can draft his/her own, such as by picking up language from samples or versions available on the internet. They just have to make sure their POAs are properly signed, witnessed, and notarized (typically, you need to sign in front of two witnesses who then sign in front of each other and have the document notararized, by exact requirements may vary by state: check what your state requires).

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.

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