How to Write a Deed With Power of Attorney

Related Articles

If you want to transfer a parcel of real estate to someone else, the transfer will have to be evidenced by a deed (normally a general warranty deed) to record the sale of the property and convey legal title. If you are not the grantor, it is perfectly acceptable to draft a deed and sign it on behalf of the grantor under power of attorney, as long as the power of attorney form authorizes you to engage in real estate transactions on behalf of the grantor. Power of attorney forms are rather simple to draft. Deeds are trickier, however, so it is a good idea to use a sample form.

Check the power of attorney form to make sure that it is valid. It should either specifically give you the authority to dispose of the grantor's real property or be worded broadly enough to include this power. It should unambiguously identify you, and it should be signed by the grantor and notarized.

Download a sample warranty deed from the Internet and print it (see Resources).

Fill in the property description section of the deed. It is important to recognize that a street address or a general description are not enough by themselves. Use either metes and bounds or the plat number of the parcel that is recorded at the country Property Recorder's Office. If the property is a new one carved out of a preexisting parcel of land, hire a professional surveyor to survey the new parcel and write a description for you.

Identify the grantor and the grantee using their full legal names. Your name should not go here, even though you will be signing the deed under power of attorney.

Have an attorney briefly examine both the power of attorney and the warranty deed for any legal issues. In particular, property law is more arcane and formalistic than other areas of the law, and unintentional errors in wording can have serious legal consequences years down the road.

Sign the deed, "[Your name] under power of attorney." It would be best to do this in the presence of a notary public, who will check your ID.

Warnings

  • Purchase title insurance before the transfer of the property. The title insurance company will perform a title search at the country Property Registration Office to confirm that the title being transferred is "clean," in other words, that there are no recorded liens against the property or credible competing claims to the title. Title insurance will insure the warranties in the warranty deed, including the warranty of good title.

Tips

  • File the deed along with a copy of the power of attorney at the Property Recorder's Office or its equivalent in the county where the property is located. Keep a copy of both for your records.

Resources

About the Author

David Carnes has been a full-time writer since 1998 and has published two full-length novels. He spends much of his time in various Asian countries and is fluent in Mandarin Chinese. He earned a Juris Doctorate from the University of Kentucky College of Law.