is a notorized statement in which poa for real estae releases their rights to another legal?

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is a notorized statement in which poa for real estae releases their rights to another legal?

I own property with my partner with rights of survivorship in the state of Maine. My partner has his daughter as poa that includes real estate we had a letter drawn up notorized that dauther gives up any rights she has to the property to myself in the event partner becomes mentally incompetent that I may sell the property with all proceeds going to myself both daughter my partner have signed letter is this legal

Asked on January 30, 2017 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not legal. The agent or attorney in fact (the person given power by the POA) cannot give her rights or authority to another person. However, the principal (person granting the POA) can do this easily by creating a new POA which states that it revokes the old one and gives the power to a new person. So your partner and you can do this, just not the way you did. Only the person who created the POA can change it, and it is done by creating a new POA.


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