Power of attorney

My wife and I own a home in Ontario. My wife is moving to the US shortly to take a job, I will follow later. We want to sell the house while she is away from Ontario. She has appointed me her attorney through the "Continuing Power of Attorney for Property" form without any "Conditions or Restrictions" in paragraph 5. Can I therefore sell the house by myself while she is physically in the US?

Asked 24 days ago in , Ontario
Categories: Real Estate  Wills, Estates, Trusts

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

I suggest you retain a real estate lawyer now and consult with them prior to the listing so you are both sure all your documents and affairs are in order. No responsible lawyer can or should say the POA document you both plan to rely upon is sufficient for your purposes and they should review it if they will act on the sale, even if it is drafted by another professional or another lawyer. If the POA is properly drawn by a lawyer experienced in real estate matters and not simply an over the counter document I like you both would expect things to proceed as planned. Situations like this are when you should be prepared to pay a bit more for the comfort of having a professional who knows your needs and can ensure they can be met if they are realistic and attainable. Most real estate lawyers would be happy to discuss this with you as part of their duties. If you need a lawyer contact the Lawyer Referral Service. Be sure wills and powers of attorney are consistent and in order. I hope you enjoy the relocation. Stay safe, and follow allĀ 

Posted 24 days ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>

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