How do I give my wife Power of Attorney, so she can sign for me when selling our house?

Question

My wife and I are moving to Hong Kong in a short while and I will be moving first and she will follow up in a month or so.
We are selling our condo here in Daly City, California and I want her to have the power of attorrney so she can sign all papers in regards to selling the condo.
How do I go about giving her the "Power of Attorney" so she can take care of these things?

Answer 1

In real estate transactions in California, title and escrow companies require a "Specific power of attorney". In other words it has to be specific to that particular real estate transaction in this case, notably very recent. This a notarized form that can easily be prepared by the escrow company as an accomodation to the entire transaction.

In California this is the best way to do it without incurring extra legal fees. Use your escrow and title company to preprare it since the title company is insuring the property.

Answer 2

Before you do anything, clear it with the title company.

I do real estate closings, and on more than one occasion I have had people show up at a closing with a neat-o office supply store power of attorney for their partner/spouse/friend etc (without telling me or anyone else in advance that so and so left for Denmark or whatever two days ago) only to find out that the title company will not approve it.

Find out what the title company requires first, then go about meeting those requirements.

Answer 3

You may be able to buy a pre-printed POA form and just fill in the blanks for a general poa; but you should probably have an ATTY draw up a power of atty that specifically addresses the items you want to give your wife power over. Notarized, it will take care of allowing her to sign off for you

Answer 4

Just get a "Durable Power of Attorney" form - specific to Real Estate transactions.....Office Supply Store or spend a couple hundred and have an atty prepare it.....

Answer 5

Even though she is your wife, I would stay away from a general Power of Attorney, it gives her unlimited power to do what she wants to in your name. I would rather recommend a special power of attorney that allows you to specify exactly what your wife can do, ie sign documents, and for how long.

The best advice is go see an attorney and ask him to draw up and special power of attorney.

Answer 6

I don't know if California uses title companies or lawyers for closings.

If you are using a title company, they can provide you with a form. It's fast and easy, and sometimes they don't charge you (even if they do, it will be cheaper than an attorney).

You can also have an attorney draw one up.

I would suggest staying away from boiler plate forms.

Answer 7

You can go to your nearest office supply store(ie:office max,office depot,staples,etc) & purchase a blank power of attorney form. Next, fill it out & have both of you sign it & have it notarized by a notary public.

Answer 8

Go see your Lawyer
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