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Power of Attorney
If I gave my son power of attorney in living will can I still sell real estate by myself?

If I gave my son power of attorney in living will can I still sell real estate by myself?

Q: What responsibility comes with power of attorney?

The agent with power of attorney has a fiduciary duty to act in the principal's best interests. This includes managing finances responsibly, keeping accurate records, and avoiding conflicts of interest. The agent must also ensure that they do not misuse their authority for personal gain.

Q: What are the disadvantages of being a power of attorney?

Being a power of attorney can be burdensome, as it involves significant responsibilities and potential legal liabilities. The agent may face pressure to make difficult decisions and could be held accountable if they fail to act in the principal's best interests or mismanage their affairs.

Q: Can someone with power of attorney sell property?

Yes, someone with a general power of attorney can sell property on behalf of the principal, provided the document grants that authority. The agent must act in the best interests of the principal and follow any specific instructions outlined in the power of attorney.

Full question:

I appointed my Son as Power of Attorney in my living will. I want to sell some property. Can I do this on my own? I am 70 and competent. The property is located in Missouri.

Category: Power of Attorney
Date: 04/07/2025
State: Kansas

Answer:

The Living Will generally becomes operative only when it is provided to your physician or health care provider AND you are incapable of making health care decisions for yourself, such as where you are permanently unconscious or terminally ill and unable to communicate. The powers granted to an agent in a living will include the power to voice and enforce the wishes you detailed in the living will.

Therefore, any legal actions you wish to take as a competent adult are not governed by the living will and its provisions. Only a general power of attorney form could be used to give someone else the authority to act for you in legal matters such as a real estate transaction.

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.

FAQs

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding divorce, create or revoke a will, or make decisions about the principal's medical treatment if the principal is still competent. These decisions require personal input from the individual, as they involve significant personal rights and preferences.

What does power of attorney give you authority over?

Power of attorney grants the agent the authority to make financial and legal decisions on behalf of the principal. This can include managing bank accounts, signing contracts, and selling property, depending on the type of power of attorney established. In Missouri, a general power of attorney allows for broad authority in these areas.