Legal Question in Real Estate Law in Florida

Re: power of attorney/quit claim deeds

First the Power of Attorney must authorize the conveyance of real estate and should specifically state you can transfer real estate or other assets to yourself.

If there are other beneficiaries to the persons estate for whom you are acting, they can challenge the transfer as self-dealing as can any creditor of the person for whom you are acting as attorney.

I would suggest you contact an attorney and have him review the POA and make sure any transfer is appropriately done.

Re: power of attorney/quit claim deeds

Only if the PoA authorzies you to transfer ownership of real estate and you are not committing a civil violation or crime in doing so.

Re: power of attorney/quit claim deeds

Several questions arise from this query. First. the Power of Attorney has to be examined to determine whether it is properly drafted. If the property is homestead, Florida law requires the Power of Attorney specifically give the power to convey homestead. Second, if the Power of Attorney is "Durable" and has the correct statutory language, it can be used to convey real property. Otherwise, an Affidavit is required that the principal is active, alive and competent. The self conveyance requires a consideration of the relationship between the principal and the attorney in fact. Generally the attorney in fact has a fiduciary relationship to the principal, and self-dealing would be prohibited. In addition, issues of undue influence and fraud may arise from the transfer. Finally, the consideration for the transfer would have to be legally sufficient, for the transfer to pass muster. A conference, and review of the facts and documents will be required to answer this question, but the initial inclination would be to say probably no.