Is it legal to have to fill out a power of attorney so my daughter can fill out an apartment application?

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Is it legal to have to fill out a power of attorney so my daughter can fill out an apartment application?

I’m 71 and want to rent a particular apartment. I have subsidized housing for the elderly and that’s what the complex provides. However, they will not mail me an application. And in order for my daughter to fill out the application for me, She often does paperwork for me I have to give her power of attorney. They specifically said NOT medical power of attorney so I’m guessing Durable power of attorney. For me to go over there and fill it out myself would be a 600 mile round trip which I have neither the means nor the money to afford. I have lived in many apartments in my life and currently live in a subsidized building in Illinois and have for almost nine years and have never had to go through anything like this. My tenant certification for subsidization was just renewed in October. Is this actually legal and what would be the reason for it? I don’t have many alternatives for apartments in Dayton, so if I want to live there, I have to do this somehow but I would really like to know why.

Asked on November 10, 2017 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is not strange that the management of the new apartment would require a POA for your daughter to fill same out on your behalf.  I am a little confused as to the 600 mile issue (are you moving closer to your daughter and the new place is near her?) but filling out the POA and having it sent to her should not be a problem at all. I am going to give you a link.  Print out the form, sign and have same notarized and send it to your daughter.  You can limit the transactions to this one in particular and have it expire say one month after (giving her enough time to file the application).  Good luck.
https://www.illinois.gov/aging/ProtectionAdvocacy/Documents/POA_Property.pdf


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