Power of Attorney Question

Has anyone ever granted or received power of attorney to or from their spouse to purchase or close on a home?

My husband is leaving on Sunday for a business trip the month of December. Hes a government contractor so who knows if he will return when they say he will. We may be looking to put an offer in on a home before he leaves but figure he would have to grant me power of attorney in case the offer is accepted and he does not return in time to close. Do I have to hire a lawyer draw up paperwork or is this something that can be done just through a notary? I live in Virginia so Im not sure if it would apply differently state to state.

If anyone has any incite I would really appreciate it! Thanks!

Re: Power of Attorney Question

you should ask your lawyer that question. it may or may not be an issue, you can always overnight things for him to sign if needed .. i would imagine that would be ok.. def. ask the attorney and good luck

Re: Power of Attorney Question

Lawyers doing real estate transactions isn't as common outside of New York State as it is here.

If the OP doesn't have an attorney, I would suggest hiring one and give the attorney power of attorney. That way you know all your bases are covered with the legality behind it, AND you get the added protection of being represented for the transaction.

Re: Power of Attorney Question

Re: Power of Attorney Question

DH had POA for me when we closed. Our closing was schedule exactly one week before my due date and we were moving from NY to NJ so I was nervous about going into labor on the NJ turnpike .
It wasn't a problem with the POA. Our attorney drew it up , I signed it and had it notarized I think and then at the closing DH signed his name and then had to sign in my spot
" Chris Sxxxxxxx, POA for Adrianna Sxxxxxx" . HTH

Message edited 12/3/2008 10:49:31 AM.

Re: Power of Attorney Question

Thank you everyone!

My Realtor referred me to a paralegal who works with the firm that does the closings and she is going to draw up the paperwork. Apparently there is a certain type of power of attorney you have to have done for the purchase of a home. It's only going to cost us $75 which isn't too bad. I'd rather pay that than lose a house I fall in love with. Thanks again!