This form is a Warranty Deed where the Grantor is an individual, acting through an attorney in fact authorized by a recorded power of attorney, and the Grantees are two individuals or husband and wife. Grantor conveys and warrants the described property to Grantees. This deed complies with all state statutory laws.
Indiana Warranty Deed - Individual Grantor, acting through an attorney-in-fact to Husband and Wife or Two Individuals as Grantees.
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FAQ
An attorney can sign in their own name if either:the power of attorney is governed by the law of a jurisdiction which has a statutory provision allowing the attorney to sign in their own name (currently NSW, NT (unless a contrary intention appears in the power of attorney), Qld, Tas, Vic and WA).
The Supreme Court has ruled that sale transactions carried through general power of attorney will have no legal sanctity. "A transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed).
A power of attorney enables an agent (also called the attorney-in-fact) to conduct transactions on another person's behalf.If so, a spouse, relative or friend with POA can sign a deed or other real estate documents.
There are circumstances in which individuals will be executing a deed not in connection with their own affairs but in some official capacity, which entitles them to act on behalf of someone else.
Sign your name below the principal's name. Simply add the word by in front of your name to indicate you're signing as POA on the principal's behalf. A power of attorney isn't the only document you should have in your estate plan. Consider writing a will to allocate your possessions to loved ones.
Grantor's signature: The grantor must sign the deed for it to be valid. Usually, if more than one person owns a property, all the owners must sign. In some states a husband or wife who own property by themselves may have to have the spouse also sign the deed even though the spouse does not have title to the property.
The Grantee in a Quitclaim Deed is the person who is being given interest in a property from the Grantor. It is possible for someone to be both a Grantor and a Grantee in a Quitclaim Deed.Most real estate deeds are notarized by attorneys.
An agent cannot:Make decisions on behalf of the principal after their death.However, unless the principal named a co-agent or alternate agent in the same POA document or is still competent to appoint someone else to act on their behalf, an agent cannot choose who takes over their duties.