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Asked in CA May 19, 2022 ,  0 answers Visitors: 1
I hold the DPOA for a person , if they go into a rest home can I continue to hold DPOA for her and rent the house out to someone.? The house is not bought yet , but the person makes payments on the house and it has a second mortgage on it
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2 Answers

Anonymous
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Posted on / Jul. 17, 2014 11:58:00

I imagine that you mean that your friend bought a home, but that the home loan isn't fully paid off yet. If that's the case, and if your friend did not transfer the property to a trust in order to avoid probate on his death, then you, as agent under the DPOA, can execute a lease to rent the property out to tenants.

If, however, the property is in a trust, only the trustee (or successor trustee if your friend is incapacitated) can sign a lease.

Anonymous
Reply

Posted on / Jul. 17, 2014 11:58:00

I imagine that you mean that your friend bought a home, but that the home loan isn't fully paid off yet. If that's the case, and if your friend did not transfer the property to a trust in order to avoid probate on his death, then you, as agent under the DPOA, can execute a lease to rent the property out to tenants.

If, however, the property is in a trust, only the trustee (or successor trustee if your friend is incapacitated) can sign a lease.

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