The real estate power of attorney, also known as “limited power of attorney”, is a document that allows a landlord to delegate leasing, selling, or managing powers to someone else. This is often used by homeowners or business owners when their attorney is designated to handle a real estate closing on their behalf when signing all necessary documents. The power of attorney designation may also be used in replacement of a property management contract to allow someone else the manage residential or commercial property. In most States, the form is required to be authorized in the presence of a notary public and/or witness(es).

Real Estate Power of Attorney FormAdobe PDF (.pdf) and Microsoft Word (.docx)

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Table of Contents

What is Real Estate Power of Attorney?

Real estate power of attorney is the handing over of limited or all responsibility of property by its owner. This is common when an owner of a property decides to select their attorney to handle a real estate closing, although it may be used for any situation where someone else has the authority to “step in the owner’s shoes” and act on their behalf.

Example of Use

The owner of an apartment complex gives real estate power of attorney to their son. The son will have the right to sign leases, evict tenants, and perform maintenance on the property. Although, all rents collected must go to the owner unless a separate agreement is made.

How to Get Power of Attorney for Real Estate

Getting power of attorney for real estate requires the following:

  • Owner (“Principal”) of the property who is thinking clearly, not incapacitated in any manner;
  • Agent (“Attorney-in-Fact”) which may be anyone that the Principal chooses;
    • 2nd Agent in case the original agent is not available to act;
  • Real Estate Power of Attorney Document;
  • Notary Public; and/or
  • Two (2) Witnesses.

After the above-mentioned items are made available the principal can begin giving their authority to someone else over their property.

Step 1 – The Property

The property must be accurately detailed in the document. Therefore, the legal description, which is NOT the mailing address must be entered into the agreement. The legal description is known as either the

  • Parcel ID Number;
  • Tax Map and Lot Numbers; and/or
  • Book and Page Numbers.

This can be found at your local town/city or county Assessor’s office when looking up the owner’s card or parcel information. If not located there, the owner may conduct a search of their local Registry of Deed’s office and find the Book and Page Numbers to their property.

Step 2 – Selecting the Agent

The agent selected should be someone that the principal feels they can trust with every feeling in their body, especially when giving ultimate control. If the principal has a last will and testament, it is recommended that the agent be a main beneficiary of the will. Therefore, if the agent squanders the property, there is little to no liability to the other estate members.

Step 3 – Deciding the Powers

There are three (3) main powers over the property that can be handed to the agent:

  • Selling;
  • Managing; and
  • Refinancing.

If there are any specific limitations it can also be added to the form. In most cases, a real estate power of attorney is not durable, meaning, it does not terminate if the principal becomes mentally incapacitated. If the principal is seeking to have this option, although not required in most States, a durable power of attorney form should be completed.

Step 4 – Writing the Power of Attorney

When writing the power of attorney, it’s important to review any State laws to ensure that all codes and rules are being followed. For example, some States have a maximum time limit on real estate power of attorney documents while others only allow a durable provision to be included in their statutory form. Therefore, it’s important to review all laws and regulations in regards to the property.

Step 5 – Signing the Form

Depending on the State, there will be specific signing or “execution” requirements that involve the principal and agent signing in front of two (2) witnesses and/or a notary public.

Signing Requirements

Real Estate Power of Attorney Laws

How to Write a Real Estate Power of Attorney

Download: Adobe PDF, Microsoft Word (.docx)

Step 1