Legal Question in Wills and Trusts in Florida

Re: power of attorney question

Yes, the Durable Power of Attorney gives you the legal authority to transfer title of the home. You will need to sign a Quit Claim Deed with your mom as the Grantor; you as the Grantee; and you signing for the Grantor as her Attorney and Agent-In-Fact under your DPOA (Durable Power of Attorney). You can also get a loan in her name with the DPOA which would alleviate the need for transfering title of the home.

Re: power of attorney question

I would speak with your lender first and see if they will honor the POA. If not , a guardianship proceeding may be necessary.

Re: power of attorney question

Generally yes, a general durable power of attorney should allow you to do this, but I would recommend finding the authority in the document first. Also make sure it is not a limited power of attorney which limits what you can do. Also, remember that an attorney-in-fact has a fiduciary legal obligation to the person giving the power. Be careful how you use the power. It would be highly advisable to consult with the attorney that drafted the document or another estate planning attorney that can advise you on how to proceed. Hope this helps.

Re: power of attorney question

Generally yes, a general durable power of attorney should allow you to do this, but I would recommend finding the authority in the document first. Also make sure it is not a limited power of attorney which limits what you can do. Also, remember that an attorney-in-fact has a fiduciary legal obligation to the person giving the power. Be careful how you use the power. It would be highly advisable to consult with the attorney that drafted the document or another estate planning attorney that can advise you on how to proceed. Hope this helps.