Life Care Planning Switch of actual property by means of everlasting energy of legal professional required by regulation

Sandra W. Reed

Katherine P. signed a Statutory Permanent Power of Attorney (SDPOA) naming her daughter Jennifer as her agent for her financial affairs. The SDPOA gave Jennifer the authority to handle all real estate transactions including the right to sell. Katherine, a private individual, ruled that since the power of attorney was not required to be filed with its enforcement, she would not keep it on the county records. However, she provided a copy to Katherine.

Two years later, Katherine was admitted to a memory unit in a nursing home with a diagnosis of Alzheimer’s. Jennifer brought her mother’s house on the market, and a sales contract was negotiated three months later.

Can real estate be transferred through an SDPOA?

Although submission of the SDPOA is not required when signing, the SDPOA must be recorded on the county records where the SDPOA is recorded on the county records in order to meet the requirements of a Texas property sale under Texas Property Code §5.021 and Comply with the Texas Estates Code §751.021 Property will be located within 30 days of the date the deed of transfer of ownership to the buyer is recorded.

When Jennifer produced the copy of the SDPOA, the title company requested an original to complete the sale. As expected, Katherine had no memory of where she placed the original SDPOA. Jennifer knew that her mother’s will was placed in her safe at her bank. Fortunately, Jennifer was authorized to access the box and had a key to the box. Jennifer believed that there she would find the original from the SDPOA. She didn’t.

Next, Jennifer searched her mother’s house and looked for the document she needed. It was nowhere to be found.

Learned the lesson

Although not all title companies require the original SDPOA to be presented, clients must provide the agent with the location of the original SDPOA if a title company or other company so requests.

Sandra W. Reed is a Somervell County attorney handling estates, wills, trusts, powers of attorney, and deeds, and estate and Medicaid planning. She lives in beautiful Chalk Mountain and can be reached at (254) 797-0211. (817) 946-2809 or at [email protected].

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