Legal Question in Real Estate Law in Arizona
I'm trying to purchase a property from a woman that has Durable Power of Attorney for her father. The father cannot be found. Does the father need to be present in order to sell the house to me? Can she sign the deed over to me without his presence? The property is located in Arizona.
2 Answers from Attorneys
The answer to your question would best be answered by the title company and you should not purchase the home without a commitment for a title insurance policy and the title insurance company will tell you if the POA is sufficient.
I agree. Even if the POA is appropriately drafted, the title company should be verifying that the POA is still in effect and has not been canceled and that the father is still alive. His presence may not be required but the validity of the POA has to be established. Don't take the risk.
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