Needing advice on the finer points of using a so far unused power of attorney I have with two siblings, we had it drawn up a little while ago to deal with all property related issues.
Could someone describe an example of the phase that you would use when signing with the power of attorney ?
Also, say I was signing a purchase contract for a property at what stage of the proceedings does the ” power of attorney certificate/form ? ” come into play ?
Mark
Hi,
It depends on which state you are in. If you are in WA a unregistered POA (if over three months old) must be accompanied with a stat dec to state that the Donor is still alive and kicking. If you are in WA I can send you some info.
Once the POA has been lodged with the Land Titles Office you are able to execute a contract of sale and all relating docs for that transaction. On the contract it must state the POA registration number. On the other settlement docs there is a special clause that is required to be completed.
Check with your state Land Titles office for more info.
Natalie Briggs
Frontline Settlements
0410837558
[email protected]I have purchased a few properties in my wife’s trust using a POA to sign. I believe in most states the POA has to be registered at the land titles office if you are signing for property related transactions. I think you just sign your name and write “as power of attorney for”.
Terryw
Discover Home Loans
[email protected]
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks Natalie and Terry, very helpful.
Mark
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