Our office gets many phone calls and emails asking about power of attorneys and what they can and can’t do. From my experience, there is some general confusion about how a power of attorney works. Clients are hesitant to sign a power of attorney because they think giving a power of attorney is the same thing as giving another person unfettered access to sign any legal document and make any legal decision. Well, this is not necessarily true. A power of attorney can be specially drafted and custom tailored to meet the needs of any client.
I want to give a brief explanation of how the power of attorney works. Typically, there are two persons involved; the person signing the power of attorney gives their legal power to sign documents within a specified scope to the second person. For example, in our office, the most common types of power of attorneys are a purchaser power of attorney, seller power of attorney and a refinance power of attorney. These specific power of attorneys function exactly how you would think. They allow a person to sell, purchase or refinance a property without having to attend closing.
There are many common reasons why one needs a power of attorney. For example, many clients will be required to relocate out of state for a job before their property has sold. Once out of state, it will be a burden for them to attend closing, so they give a trusted friend or relative their power of attorney to complete the transaction. Another common reason for preparing a power of attorney is for out of state investors looking to purchase property in Georgia. Whatever your reason for a power of attorney, our office can assist you in creating a custom power of attorney to fit your needs.