Full question:
We own real estate in an LLC and have a property manager who is a sole proprieter not in the LLC. What do we need to do, if anything, for the property manager to be able to sign legal forms (forcible detainer / small claims) on behalf of the LLC owners.
- Category: Power of Attorney
- Date:
- State: South Dakota
Answer:
A power of attorney form can allow someone to sign documents and take actions on behalf of another person. In this case, an LLC owner (the "principal") can create a power of attorney that designates the property manager as an agent for handling matters related to the property.
The power of attorney can be limited to specific transactions, such as handling an eviction, or it can be general, allowing for a broader range of actions. If the power of attorney is durable, it remains effective even if the principal becomes incapacitated. If it is nondurable, it ends when the principal can no longer act on their own.
The laws governing the power of attorney depend on the jurisdiction where the agent will act, typically where the property is located. It is advisable to appoint an agent who resides in the same jurisdiction unless the property is in a different location. For actions in multiple jurisdictions, consider creating separate powers of attorney for each area. Additionally, check with the local land recorder's office to see if they allow the recording of the power of attorney, as rules can vary by jurisdiction.
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.