Legal Question in Real Estate Law in New Jersey
unable to sign
My father who owns three pieces of land in p.a. , paid a lawyer to change the deeds to his three sons names.The attorney in p.a.drew up the deeds in the sons names and sent for my father to sign and get notorized.A problem arised were my father got ill and hospitalized and is unable to sign the deeds, by me being durable power of attorney can I sign the deeds,and if able, do I sign his name or mine.
1 Answer from Attorneys
Re: unable to sign
Yes, you may generally use the power of attorney (POA)if it is a general durable POA. Some title companies require it to be recorded with the deed so the POA must be in a recordable format with the preparer's signature on it. You should check with the attorney who prepared the deeds as the property is located in Pennsylvania where the laws may differ as to form. However, if the POA was prepared in NJ and your father resided in NJ it should be effective for the property transfer depending upon the language in the POA.
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