Power of Attorney

A Power of Attorney is a written document wherein an individual (the principal) designates an agent to act on his behalf.  The agent is referred to as the attorney-in-fact.  The authority granted may be general or limited.

Frequently, a limited power of attorney will be executed granting the attorney-in-fact the authority to sign a deed, closing statement and related documents to sell real estate, or a promissory note, deed of trust and other documents to buy and borrower money against real property.

A power of attorney to convey or borrow against real estate must be notarized an recorded in the Register of Deeds office in the county where the real estate is located.

A limited power of attorney authorizing the conveyance of specific real estate expires once the particular transaction is completed and cannot be used with regard to other real estate.  However, if broader authority is granted, a more general power of attorney may be used to convey any and all real estate owned by the principal in a certain county or subdivision.