Can I Have Power of Attorney for My Parents in Signing for a Mortgage?

By Heather Frances J.D.

A power of attorney can give you authority to conduct real estate transactions, including signing mortgage documents, for your parents. If your parents can’t sign their mortgage paperwork for themselves and your power of attorney contains the correct language, you may use the power of attorney to sign on their behalf. State laws vary on whether the power of attorney document needs to be recorded as part of the public record.


A power of attorney grants the agent -- the person appointed in the document – authority to do certain tasks on behalf of the principal -- the person who grants the powers. A power of attorney can give the agent authority to conduct certain real estate transactions, such as signing mortgage documents or closing on a home. Alternatively, a power of attorney can grant an agent broad, general powers to conduct numerous types of financial transactions as permitted by law, and those general powers may include the authority to buy and sell real estate.

Granting a Power of Attorney

A parent may use a power of attorney to appoint his child -- or anyone else -- as his agent. Typically, each parent must sign a separate power of attorney since a power of attorney signed by only one parent can only grant the child power over the signing parent’s affairs. Each parent must have the mental capacity to sign a power of attorney, so if one of your parents is mentally incapacitated, due to dementia for example, he may not be able to give you a legal power of attorney.

Ready to appoint a power of attorney? Get Started Now

Agent’s Actions

If your parents give you a power of attorney that grants you the power to sign their mortgage documents, you should be prepared to do everything your parents would do. You may need to negotiate the terms of the mortgage or fulfill any requirements of the closing process, in addition to simply signing the mortgage papers. You must also act in your parents’ best interests, not your own. Your state’s laws may require the power of attorney itself to be recorded in the office of the county recorder where the property is located if the power of attorney gives you authority to sell, mortgage or lease the property.

Acceptance of the Power of Attorney

As your parents’ agent, you may also want to check with the mortgage lending institution to make sure it will accept your power of attorney. Banks set their own policies regarding whether to accept powers of attorney, and some banks require the use of their own forms instead of a power of attorney drafted elsewhere. The lender can also refuse to allow you to sign the mortgage documents if it is not satisfied with your power of attorney document.

Ready to appoint a power of attorney? Get Started Now
Selling Property & Limited Power of Attorney


Related articles

Does a Durable Power of Attorney Require Witnesses?

A durable power of attorney is a document that authorizes your appointed agent to sign documents and perform other actions on your behalf. What makes a power of attorney durable is that it remains in effect even after you become mentally incompetent or otherwise unable to manage your affairs. Because a durable power of attorney can give your agent great power over your finances, property or even health care decisions, anyone being asked to rely upon it needs to know that it is genuine and valid. Witnesses or a notary public’s acknowledgement serves as proof that your power of attorney is authentic.

Can You Change a Deed Anytime You Want to if You Have Power of Attorney?

When you sell real property, the sale is recorded by changing the deed to the property. For various reasons, a person may want to grant the power to sell the property to an agent under a power of attorney. State laws vary about the requirements for changing a deed and creating a valid power of attorney, but all states allow a power of attorney to be used to transfer real estate.

Can POA Supercede Spousal Rights?

A power of attorney, or POA, is a legal document you create to appoint a trusted individual to act for you, generally in financial or medical matters. Your power of attorney cannot authorize anyone to act for your spouse, nor does your spouse have the right to terminate or alter your power of attorney.

Related articles

Can a Power of Attorney Get a Home Loan?

If you aren’t able to personally accomplish a task, you may grant someone else – called your agent – the power to do it ...

The Power of Attorney for Parental Rights

Parents must often balance their work life and other responsibilities with the needs of their children. If a situation ...

Temporary Medical Power of Attorney for Child

A temporary medical power of attorney for a child allows a caregiver to make medical decisions for the child on behalf ...

Can a Power of Attorney Have a Debit Card?

A power of attorney is a legal document you can create to name another person to act in your place. Powers of attorney ...

Browse by category
Ready to Begin? GET STARTED