Legal Question in Real Estate Law in California
Durable power of attonery
Fieance has a car that is in his and his ex girlfriends name we have a chance to sell it but because she is out of state we need a P.O.A as far as I can see the Durable is our best bet. I just want all the info up front if possiable does she need to do a d.p.o.a. for Pa. the state she is in or Ca the state the car is in?
2 Answers from Attorneys
Re: Durable power of attonery
If she's now a resident of PA, she would have to do a power of attorney notarized in PA. However, I would imagine that it could be written so that it's for the limited purpose of handling transactions involving the car. It's best that she consult with a Pennsylvania attorney.
Re: Durable power of attonery
First, you don't want a durable power of attorney. Those are for health care decisions. You want a standard, regular, power of attorney. The forms have been more or less standardized from state to state, with the idea that a POA issued in California will be recognized and effective in Florida, Alaska or wherever. That's the theory, anyway. Most of the time, it works. However, once in a while, some party to a deal will be unwilling to recognize the authority granted by an out-of-state or unfamiliar-looking document. For this reason, attorneys encourage their clients to find out what form of POA is acceptable to, or preferred by, the other party - the guy who is gonna have to accept it as valid. So, if the party on the other end of the deal is known or ascertainable, such as a specific car dealership, just ask their preferences. They should, legally speaking, accept any of the uniform-ized forms regardless of the state of its origin, but as I say, they don't all know the law and some have wierd policies.