Full question:
I Now Live In Houston, Texas and I Own A Home In Milton, Florida, that I need to rent. I have a friend there that will help me write the lease agreement, but I guess I need to give her limited Power of Attorney to act on my behalf. So, my question is, what form will work for me or what step should I take?
- Category: Power of Attorney
- Date:
- State: Texas
Answer:
A power of attorney is a legal instrument that individuals create and sign that gives someone else the authority to make certain decisions and act for the signer. The person who has these powers is called an "agent" or "attorney-in-fact." The signer is the "principal." The principal must have mental capacity to make the power of attorney at the time of signing. A person who is unconscious cannot make a valid power of attorney. As a principal, if the principal's decisions conflict with those of the agent, the principal's decision will govern, assuming that the agent confers with the principal prior to taking an action. If an agent has acted on the principal's behalf and acted within the scope of authority granted by the power of attorney, then the principal may be obligated by the terms and conditions of his actions.
The person designated to be the agent assumes certain responsibilities.
The agent is obligated to act in the principal's best interest. The agent must always follow the principal's directions. Agents are "fiduciaries," which means that the agent must act with the highest degree of good faith in behalf of their principals. The agent must keep his money separate from the principal's; keep detailed records concerning all transactions he engages in on the principal's behalf; not stand to profit by any transaction where the agent represents the principal's interests; and not make a gift or otherwise transfer any of the principal's money, personal property, or real estate to himself unless the power of attorney explicitly states he can do so. An agent who acts against the principal's interest for his own gain, or acts outside the authority granted in the power of attorney, may be held personally liable.
A special, or limited, power of attorney defines the agent's powers in a specific way, so that the agent may only take limited actions on behalf on the principal, as enumerated in the power of attorney. A special power of attorney may be limited in duration, and may also be durable, meaning that it is effective even after the incapacity of the principal. The principal's death terminates the power of attorney, and a power of attorney may be revoked by delivering a written revocation to the agent.
Our power of attorney and lease forms are state-specific and designed to comply with state statutes. We can assist you with searching to locate forms or we can draft and add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the links below to see if they meet your needs or let us know if you would like us to draft a form to meet your needs. You may order forms online or by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
