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POA and Elderly Father

Discussion in 'Power of Attorney & Living Wills' started by JAndrewH, Oct 9, 2020.

  1. JAndrewH

    JAndrewH Law Topic Starter New Member

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    Hello all. Want to get a feel for what everyone thinks about this situation. Seems fairly trivial but still irks me somehow.

    We are in the process of selling my father's property. He is 90 and lives with myself now. He is mentally sharp and gets around well but has some heath issues that place him at high risk if he contracts covid. With this in mind he wanted me to act as his agent at closing. The closing attorney drafted a transaction specific POA witch we have signed. None of this bothered me and I understand is quite common.

    What I take issue with is the pre-closer demanded she speak with him prior to drafting the POA and also must speak to him the day of closing to make sure he is alive and well. Is this normal? I have acted as an agent in other real estate transactions and have never had this happen, the subject of age never even came up. It just seems wrong to me- he has signed the proper legal documents that make me his agent yet still need to talk to him. At that point is it really their business? Perhaps I am overreacting.
     
  2. Zigner

    Zigner Well-Known Member

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    I believe you are overreacting.

    The "pre-closer" is doing her due diligence in making sure that your dad is still alive and competent. Once your dad passes or becomes legally incompetent, then power of attorney is no longer valid.

    EDIT: Instead of being offended by the request, look at it in a positive light: Your dad has someone who's looking out for him. That's a good thing :)
     
  3. JAndrewH

    JAndrewH Law Topic Starter New Member

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    Not the first time.

    Not really offended, just get the feeling they are pushing us around. She is looking out for herself no doubt, but that is her job.
     
  4. zddoodah

    zddoodah Well-Known Member

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    The whole situation isn't "normal," and I have no idea who or what a "pre-closer" might be. Nonetheless, whether something is or isn't "normal" is completely irrelevant to anything. That said, since the authority conferred by a POA terminates upon the death of the principal, it is beyond reasonable to want to ensure that the principal is still living at the time of closing.
     
  5. army judge

    army judge Super Moderator

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    A POA isn't a court order.
    Another person or entity isn't legally mandated to accept a POA.

    Take your state, GA:

    Current Georgia POA laws do not require third parties to accept a POA. The reasoning is that POAs are a contract between the agent and the principal, not third parties.

    Most people believe others MUST accept the POA.
    There are some financial institutions that don't accept a POA.
    Many military spouses use POAS when their spouse is deployed.
    As a former Army JAG, I've assisted military spouses in transacting family business when the POA wasn't accepted.
    Nothing unusual or insulting about the person's request.
     
    Disabled Vet likes this.
  6. JAndrewH

    JAndrewH Law Topic Starter New Member

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    Thanks for all the comments people, I am fine with now.
     

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