Real Estate Power of Attorney Form

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A real estate power of attorney form is used to select an agent to manage, acquire, mortgage (refinance), convey, or sell a property. The form may be used in a durable manner. This means the powers given in the form will remain valid if the principal should become incapacitated.

Signing Requirements – Find the requirements for your State.

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

State 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 Use (3 Steps)

Step 1 – Select Real Estate Powers

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.

Step 2 – Setting the Terms

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 if the principal should be incapacitated or not able to use cognitive functions, they can select the form to be “durable”.

Step 3 – Signing the POA

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.

How to Write

Download: Adobe PDF, MS Word, OpenDocument

I. Date

(1) Calendar Date Of Agreement. Furnish the effective date when this document is set to be an active representation of the Principal’s wishes.

II. Appointment

(2) Principal Name. The Principal is the Party with the legal right to control, buy, or sell the property this designation concerns. His or her legal name must be supplied in the appropriate area of the second article.

(3) Principal Address. Continue identifying the Principal making this appointment by documenting his or her official mailing address.

(4) Agent Name. The Agent that the Principal wishes to appoint with the authority this document defines must be identified with his or her formal name.

(5) Agent Address. Dispense the mailing address where the Agent can be reached and can receive notices to the space provided.

III. 2nd Agent

Select Item 6 Or Select Item 7

(6) No Alternate Agent. In some cases, the Principal may wish to ensure that his or her intent with property is carried out. If the Agent is unable or unwilling to act on the Principal’s behalf an Alternate Agent may step in but only if this Party is named in this document. This paperwork will not require that an Alternate Agent is named and will enable the Principal to specifically state that no Alternate Agent will be appointed with power should the original Agent fail. The “No Alternate Agent” checkbox should be marked if this appointment does not require one to be named.

(7) Alternate Agent Name. If the Principal wishes to take the precaution of appointing a Back-Up or Alternate Agent then select the appropriate checkbox to make this declaration. The name of the Alternate Agent must be presented to the checkbox statement selected. Be advised, this Party will not be able to wield any authority this designation makes unless the original Agent is no longer effective, no longer active, or revoked by the Principal.

(8) Alternate Agent Address.

IV. Real Estate

(9) Real Property. Produce the information needed to identify the real property that the Agent will be able to work with utilizing the Principal’s authority. To do so, the physical address (and ideally the legal description) of the property should be presented in the second article.

V. Powers Appointed

Select Any Combination Of Item 10, Item 11, Item 12, And Item 13

(10) Sale Of Real Estate. The decisions or the actions that the Principal expects and intends for the Agent to be able to engage in with the same authority the Principal exerts should be clearly discussed. Therefore a review of the list provided should be made. If the Agent should be able to use the Principal’s authority to conduct the sale of the property then the first checkbox statement must be selected. Notice that a wide scope of authority will be granted to the Agent in regards to selling property including the modifying of any existing sales negotiations.

(11) Purchase Of Real Estate. The Agent can be assigned with the powers of the Principal to handle certain actions to effect the purchase of the concerned property through the Principal’s selection of the second power statement. He or she will need to initial this item then mark the associated checkbox. This type of power will also come with a host of actions that the Agent will be able to utilize the Principal’s authority to complete such as receiving or delivering final documents.

(12) Management Of Real Estate. The Principal’s ability and authority to manage the concerned property such as effecting repairs or entering lease agreements can be granted to the Agent so long as the Principal initials the third checkbox statement and places a mark in the corresponding checkbox.

(13) Financing Of Real Estate. Naturally, there will be some paperwork regarding the financial maintenance needed for property ownership. The Principal can designate the Agent with the authority to complete such tasks (i.e. handling disbursements of payments) by initialing the final statement and choosing the fourth checkbox.

VI. Term

Select Item 14 Or Select Item 15 Or Select Item 16

(14)  End Date. The time period when this agreement begins will (unless otherwise indicated) be considered its signature date. However, the time or manner that causes its termination should be established. If the Principal only wants the Agent to access and utilize his or her authority until a specific date, the first statement in Article VI should be initialed by the Principal and a mark should be placed in the corresponding checkbox. The calendar date when this agreement expires (naturally) must also be furnished to this choice.

(15) Principal Incapacitation. The second statement should be initialed and selected by the Principal if he or she wishes this designation to automatically terminate upon his or her incapacitation (i.e. a serious or life-altering medical event that reduces the Principal’s ability to function).

(16) Revocation Or Death Of Principal. This appointment can be set to end only upon the Principal’s revocation (or cancellation) of the powers being designated to the Agent or upon his or her death through the third choice Article VI. The Principal should place his or her initials to the line corresponding to this statement and select the appropriate check box to set the termination of this agreement to this term. Note: If this is a durable delegation of authority then this statement should be selected.

VII Durable

Select Item 17 Or Select Item 18

(17) Non-Durable. The powers being designated are not required to be durable. That is if the Principal wishes that all the Agent’s access to the granted authority immediately be revoked or canceled upon the Principal’s incapacitation or immediately upon a deliberate revocation of the Agent then select the first checkbox in Article VI. This choice will also require that the Principal provides his or her initials.

(18) Durable. If the authority in this document should remain in place even if the Principal is incapacitated then the Principal must initial and select the second statement made. Be advised, the Principal will always retain the right to revoke the Agent’s principal authority.

VIII. Governing Law

(19) State. Identify the State where this delegation of authority shall be enforced in Article VIII.

IX. Execution

Select One Or More Items From Item 20 And Item 21 Or Item 22

(20) Notary Public. The signing of this document must be performed by the Principal in a manner that can be easily proven. Generally, a Notary Public will be able (and/or required) to fulfill this requirement so long as he or she has an active commission in the state where this document is enforced. If a Notary Public has been obtained to verify the Principal’s signing, the Principal’s initials and selection of the first checkbox item in the ninth article will be required. The Principal is encouraged to gain a Notary Public for the signing whether or not it is required or not by the County and State of this document’s effect.

(21) One Witness. Some states may require at least one Witness to the signing. If so, then the Principal must initial and select the “One (1) Witness” item in Article IX.

(22) Two Witnesses. If two Witnesses will be used to authenticate the Principal’s act of signing then the final option in Article IX must be initialed and checked by the Principal.

(23) Principal Signature. The Principal should sign his or her name to this paperwork once it has been completed and ready to execute. This act should be performed before the Party indicated in the previous article (if any).

Notary Acknowledgment

(24) Notarization Of Principal Signature. If the first option was selected in the ninth article then, the Principal will be obligated to follow the instructions of the Notary Public in attendance. This Party will notarize the appropriate area to authenticate the Principal’s act of signing.

Witness Acknowledgment

(25) 1st Witness Signature. If the Principal signed this document before one Witness (or two), then the first Witness signature area in the provided acknowledgment section must be signed by the Witness in attendance.

(26) Printed Name And Address Of 1st Witness.

(27) 2nd Witness Signature. If Two Witnesses were required to view the Principal’s signature act then, the Second Witness must read through the Witness Acknowledgment statement. Once done, he or she must sign this document in the area provided.

(28) Printed Name And Address Of 2nd Witness.