Selling a House With Power of Attorney: What to Know

Can a power of attorney sell a house?
Yes, a power of attorney can sell a house when the document gives that authority and the owner is still living. The agent signs on the owner’s behalf, and the title company reviews and usually records the power of attorney before closing. A power of attorney ends when the owner passes away. After that, the executor or the trustee handles the sale.

Selling a house with power of attorney usually comes up when a parent moves into assisted living, needs care, or simply wants a son or daughter to handle the details.

A little preparation at the beginning can make the sale easier. Here’s what to check before you get started.

Can a Power of Attorney Sell a House?

Yes, when the document allows it. Most general and durable powers of attorney include real estate. Some are limited to specific tasks, so read yours closely or have the attorney who drafted it confirm.

The person with the power of attorney, often shortened to POA, is called the agent or attorney in fact. They don’t need to be a lawyer. They simply sign for the owner.

Durable Power of Attorney

A durable power of attorney stays in effect if the owner can no longer make decisions. That’s the kind families usually need when a parent’s health changes. A non durable power of attorney ends if the owner loses capacity, so it’s worth checking which one you have.

What the Title Company Will Ask For

Title companies like to review the power of attorney early. They usually ask for:

A copy of the signed and notarized power of attorney.
Confirmation that it covers real estate.
Confirmation that the owner is living and the document hasn’t been revoked.
Recording of the power of attorney with the county, in many states.

Some title companies prefer the original or a certified copy. I bring the title company in as soon as we list, so we can address any questions before closing.

How the Sale Works

From the buyer’s side, it looks like any other sale. The home is prepared, priced, listed and sold.

The agent signs the listing agreement, the purchase contract and the deed for the owner, usually as “owner’s name, by agent’s name, attorney in fact.” The sale proceeds belong to the owner and go to their account.

Can a Power of Attorney Sell Property and Keep the Money?

No. The agent has a duty to act in the owner’s best interest. Proceeds from the sale belong to the owner and are used for their benefit, such as paying for care. Keep clear records of the proceeds and how they are used.

What Happens to a Power of Attorney at Death?

A power of attorney ends when the owner passes away. From that point, the house is handled one of two ways:

If it’s held in a trust, the successor trustee sells it. See selling a house in a trust.
If it’s in the owner’s name, it usually goes through probate and the executor sells it. See selling a house in probate.

Not sure which role applies? Executor vs. trustee explains both.

Frequently Asked Questions

Can a power of attorney sell a house without the owner’s permission?

The power of attorney itself is the owner’s permission. The agent should still keep the owner informed and act in their best interest. If there’s any question about the owner’s wishes, talk with an attorney first.

Can a power of attorney sell a house to themselves?

Selling to yourself as the agent is a conflict of interest. Many states require the document to allow it specifically, or consent from the owner or court approval. Talk with an attorney before making that kind of offer.

Does a power of attorney need to be recorded to sell a house?

In many states, yes. The title company usually records it with the county along with the deed.

Can I list the house before the title company approves the power of attorney?

You can, and it’s best to have the title company review it right away so closing goes smoothly.

If you would like to keep reading, I also cover what an executor can do with the house, how to find a good probate attorney and whether Medicaid can claim an inherited home.

About the Author

Jolene Baijot is a real estate agent and Designated Broker with more than 25 years of experience and over 1,000 transactions. She holds the Certified Probate Real Estate Specialist (CPRES) and Accredited Buyer’s Representative (ABR) designations and helps families sell homes for parents moving into care. Learn more about how Jolene helps with probate and trust sales.

Helping Someone Sell With Power of Attorney?

If you’re helping with a home sale, I’m happy to walk through the preparations and coordinate the paperwork with the title company. Feel free to reach out if you’d like a hand.

This post is general real estate information. An attorney can review your power of attorney and advise you on your authority and duties.