US Legal Forms
Legal Resources
Questions & Answers
Power of Attorney
Can I sell property on my own if my son is Power of Attorney?

Can I sell property on my own if my son is Power of Attorney?

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:

A living will only takes effect when you are unable to make health care decisions, such as being permanently unconscious or terminally ill. The agent named in your living will can only express your health care wishes. Therefore, as a competent adult, you can handle legal matters, including selling property, on your own.

To allow someone else to act on your behalf in legal transactions like real estate sales, you would need to establish a general power of attorney. This document specifically grants authority for such actions.

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.

What responsibility comes with power of attorney?

What are the disadvantages of being a power of attorney?

Can someone with power of attorney sell property?

Find a legal form that suits your needs

Browse our library of 85,000+ state-specific legal templates.

This field is required

How can I add my name to my father's property deed?

Can I sell trust property to pay a debt as a trustee?

Can the sons sell their father's home without probate in Oklahoma?

How can I mortgage my mentally incompetent husband's property in Nebraska?