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Updated September 04, 2022

A  real estate power of attorney form is used to select an agent to manage, acquire, mortgage (refinance), convey, or sell a property. It is most commonly used when a buyer or seller decides to use an attorney to handle the execution of closing documents.

The form may be used in a durable manner which means the powers granted can remain valid if the principal should become incapacitated.

Signing Requirements – Find the requirements for your state.

By bbin电竞官网官方永久

Table of Contents

What is Real Estate Power of Attorney?

A real estate power of attorney is a document that allows someone else to handle property decisions on their behalf. This includes selling, buying, leasing, and managing property for the principal’s best interest. After the form is completed and signed, it is can be used immediately.

Agent

The agent can be any person selected by the principal . They do not have to be a property manager or an attorney.

Video

Signing Requirements

bbin电竞官网官方永久 Signing Requirements Statute
  Alabama Notary Public

Ala.Code 1975 § 26-1A-105

  Alaska Notary Public

AS § 13.26.600

  Arizona

One (1) Witness and Notary Public

A.R.S. § 14-5501

  Arkansas

Notary Public

A.C.A. § 18-12-501

A.C.A. § 28-68-105

  California

Two (2) Witnesses or Notary Public*

Prob. Code § 4121

Gov. Code § 27287

 Colorado

Notary Public

C.R.S.A. § 38-30-124

C.R.S.A. § 15-14-705

  Connecticut

Two (2) Witnesses and Notary Public

C.G.S.A. § 47-5

C.G.S.A. § 1-350d

  Delaware

One (1) Witnesses and Notary Public

12 Del. C. § 49A-105

  Florida

Two (2) Witnesses and Notary Public

F.S.A. § 709.2105

F.S.A. § 689.111

  Georgia

One (1) Witnesses and Notary Public

Ga. Code Ann., § 10-6B-5

  Hawaii

Notary Public

HRS § 551E-3

  Idaho Notary Public

I.C. § 15-12-105

  Illinois

One (1) Witness and Notary Public

765 ILCS 5/20

755 ILCS 45/3-3

  Indiana

Two (2) Witnesses or Notary Public*

IC 30-5-4-1

IC 32-21-1-14

  Iowa

Notary Public

I.C.A. § 633B.105

  Kansas

Notary Public

K.S.A. 58-2209

K.S.A. 58-652

  Kentucky

Notary Public

KRS § 457.050

  Louisiana

Principal Only*

La. Civ. Code art. 2993

  Maine

Notary Public

18-C M.R.S.A. § 5-905

33 M.R.S.A. § 203

  Maryland

Two (2) Witnesses and Notary Public

MD Code, Real Property, § 4-107

MD Code, Estates and Trusts, § 17-110

  Massachusetts

Two (2) Witnesses and Notary Public

M.G.L.A. 183 § 32

M.G.L.A. 190B § 5-103

  Michigan

Two (2) Witnesses or Notary Public*

M.C.L.A. 700-5501

M.C.L.A. 565.36

  Minnesota

Notary Public

M.S.A. § 523.01

M.S.A. § 507.24

  Mississippi Principal Only*

Miss. Code Ann. § 87-3-3

Miss. Code Ann. § 87-3-1

  Missouri

Notary Public

V.A.M.S. 442.360

V.A.M.S. 442.150

  Montana Notary Public

MCA 72-31-305

  Nebraska Notary Public

Neb. Rev. St. § 30-4005

  Nevada Notary Public

N.R.S. 162A.220

N.R.S. 247.120

 New Hampshire Notary Public

N.H. Rev. Stat. § 477:9

N.H. Rev. Stat. § 564-E:105

 New Jersey Notary Public

N.J.S.A. 46:14-2.1

N.J.S.A. 46:2B-8.9

 New Mexico Notary Public

N. M. S. A. 1978, § 47-1-7

N. M. S. A. 1978, § 45-5B-105

  New York Two (2) Witnesses and Notary Public

G.O.B. Law § 5-1501B

  North Carolina Notary Public

N.C.G.S.A. § 32C-3-303

N.C.G.S.A. § 32C-1-105

  North Dakota Principal Only*

NDCC, 30.1-30-01

NDCC, 47-19-03

  Ohio

Notary Public

R.C. § 1337.25

R.C. § 1337.04

  Oklahoma Notary Public

58 Okl. St. Ann. § 3005

16 Okl. St. Ann. § 20

  Oregon Principal Only*

O.R.S. § 93.670

  Pennsylvania

Two (2) Witnesses and Notary Public

20 Pa. C.S.A. § 5601

20 Pa. C.S.A. § 5603

 Rhode Island Notary Public

Gen. Laws 1956, § 18-16-2

Gen. Laws 1956, § 34-11-34

  South Carolina

Two (2) Witnesses and Notary Public

S.C. Code § 62-8-105

S.C. Code § 30-5-30

  South Dakota Notary Public

SDCL § 44-8-2

SDCL § 59-12-4

  Tennessee Principal Only*

T. C. A. § 66-22-101

  Texas Notary Public

V.T.C.A., Estates Code § 751.0021

  Utah Notary Public

U.C.A. 1953 § 75-9-105

  Vermont

One (1) Witnesses and Notary Public

27 V.S.A. § 305

14 V.S.A. § 3503

  Virginia Notary Public

VA Code Ann. § 64.2-1603

  Washington

Two (2) Witnesses or Notary Public*

RCWA 11.125.050

RCWA 65.08.070

Washington D.C.

West Virginia Notary Public

W. Va. Code, § 39B-1-105

W. Va. Code, § 37-11-2

  Wisconsin Notary Public

W.S.A. 244.05

W.S.A. 706.05

  Wyoming Notary Public

W.S.1977 § 3-9-105

*Notary recommended if the attorney-in-fact intends to record any real estate instrument, such as a deed, on behalf of the principal with a local court or registry.

How to Make (3 Steps)

  1. Select Real Estate Powers
  2. Setting the Terms
  3. Signing

1. Select Real Estate Powers

man and woman shaking agent's hand

A real estate power of attorney can be used to give powers for single or multiple real estate transactions. It is also very useful when needing someone to manage your property. This could include signing lease agreements, buying or selling property, evicting tenants, etc.

As an example, a property owner could hire a property management company to rent out the property and keep up with the day-to-day maintenance.

2. Setting the Terms

principal on laptop filling out real estate power of attorney form

Typically, if your intention is for a single transaction, you would select a start and end date. If the agent is managing the premises, then the principal would maybe want the term to be indefinite.

In addition, if the principal is seeking to have the agent keep their role should the principal be incapacitated or unable to use cognitive functions, they can select the form to be “durable”.

3. Signing the POA

principal and agent signing power of attorney form

Once complete, your real estate power of attorney must be signed by both yourself and the agent. It depends on the signing requirements in the state.

Sample

REAL ESTATE POWER OF ATTORNEY

I. APPOINTMENT . This Power of Attorney is made on [DATE] , (“Effective Date”) between the following:

Principal : I, [PRINCIPAL’S NAME] , the “Principal,” with a mailing address of [MAILING ADDRESS] , hereby appoint:

Agent : [AGENT’S NAME] , with a mailing address of [MAILING ADDRESS] (“Agent”).

II. 2 ND AGENT . If the above Agent cannot serve, I hereby appoint: (check one)

No other individual .

Another Agent . [2ND AGENT’S NAME] , with a mailing address of [MAILING ADDRESS] to act on my behalf and hold the same powers as the Agent.

III. REAL ESTATE . This Power of Attorney is in reference to: (check one)

A Single-Property . For the following property: [PROPERTY DESCRIPTION] (“Real Estate”).

Multiple Properties . For any property, partially or wholly owned, by the Principal.

IV. POWERS GRANTED . The Principal grants the Agent power to negotiate, execute, modify, and deliver any documents necessary to complete the following type(s) of real estate transactions: ( initial and check all that apply)

______ Selling . Additionally, this may include accepting closing proceeds for deposit into my account, which has been previously disclosed to my Agent.

______ Purchasing . Additionally, this may include finalizing all documents necessary to complete the financing and purchase of the property.

______ Management . Additionally, this may include making repairs (with reimbursement), approving sub-contractors for work, evicting tenants, and any other representation as needed on a day-to-day basis.

______ Financing . Additionally, this may include modifying, executing, and delivering all documents necessary to complete the financing as well as to withdraw and disburse funds necessary from my account, which I have previously disclosed to my Agent.

V. TERM . This Power of Attorney shall begin on the Effective Date and shall continue until the: ( initial and check one)

______ End Date of [DATE] .

______ Principal’s Incapacitation or when the Principal can no longer think for themselves. (non-durable).

______ – The Principal’s death or revocation .

VI. DURABLE . In the event the Principal is shown to be incapacitated, or not able to think for themself, this Power of Attorney shall: ( initial and check one)

______ NOT be Valid . This Power of Attorney is non-durable and shall be revoked immediately upon the Principal’s incapacitation.

______ Remain Valid . This Power of Attorney is durable and shall not be revoked upon the Principal’s incapacitation.

VII. GOVERNING LAW . This Power of Attorney shall be governed by the laws located in the state of [STATE] (“Governing Law”).

In accordance with Governing Law, I, the Principal, hereby revoke any other Power of Attorney related specifically to the Real Estate mentioned in Section III with the Agent, and any Alternate Agent, as the only persons allowed to act in my presence for such matters.

VIII. EXECUTION . As required under the Governing Law, this Power of Attorney shall be signed under: ( initial and check all that apply)

______ – Notary Public
______ – One (1) Witness
______ – Two (2) Witnesses

 

_____________________________ _____________________________
Principal’s Signature          Print Name               
_____________________________
Date


NOTARY ACKNOWLEDGMENT

STATE OF _____________________
COUNTY OF _____________________, ss.

On this day of _____________________, 20____, before me appeared _____________________, as Principal of this Power of Attorney who proved to me through government issued photo identification to be the above-named person, in my presence executed the foregoing acceptance of appointment and acknowledged that (s)he executed the same as his/her free act and deed.

_____________________________
Notary Public

_____________________________
Print Name

My commission expires: __________________


WITNESS ACKNOWLEDGMENT

I/We, the witness(es), each do hereby declare in the presence of the Principal that he/she/they signed and executed this instrument in my/our presence, and that the Principal signed it willingly, and that each witness hereby signs this Power of Attorney as witness at the request of the Principal and in the Principal’s presence, and that, to the best of knowledge, the Principal is at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

_____________________________ _____________________________
1 st Witness Signature        Print Name               
_____________________________
Mailing Address
_____________________________
Phone

_____________________________ _____________________________
2 nd Witness Signature
       Print Name
_____________________________
Mailing Address
_____________________________
Phone

Managing Property (day-to-day)

Property Management Agreement – Even though power of attorney allows another person to manage a property on their behalf, for a continued or ongoing relationship, it is recommended to use a formal agreement.

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