Posted on: 11th Mar, 2007 05:22 pm
Can a quit claim be done by Power of Attorney if the other interest is unable to be present or does it require a specialized POA? My POA states that I can transfer property so on and so forth, but does not specify what property. Georgia is where the quit claim would be done and I know from previous experience on notarizing documents that Georgia requires additional witnesses. Any suggestions?
Thanks,
Tamara
Thanks,
Tamara
Welcome Tamara,
You can quit claim property by using a power of attorney on behalf of the person whose property you hold through the legal document. This can be done even if you are in Georgia.
You may use a durable or a regular power of attorney. Both work in a similar way. But the latter gives you limited powers.
The regular power of attorney becomes ineffective when the principal (person on whose behalf you are holding property) becomes physically or mentally impaired. This does not happen with the durable power of attorney.
You may consult an attorney before taking any step further.
You can quit claim property by using a power of attorney on behalf of the person whose property you hold through the legal document. This can be done even if you are in Georgia.
You may use a durable or a regular power of attorney. Both work in a similar way. But the latter gives you limited powers.
The regular power of attorney becomes ineffective when the principal (person on whose behalf you are holding property) becomes physically or mentally impaired. This does not happen with the durable power of attorney.
You may consult an attorney before taking any step further.
I agree with Adonis, whether or not you can quit claim property with your POA will depend on the kind of POA you are holding (regular or durable). If you have a regular power of attorney & for the person you hold the POA has become mentally or physical impaired then you will not have the right take decision on his behalf.