Legal Question in Wills and Trusts in Tennessee

Abusing Power of Attorney

Can a mother who has power of attorney over everything in her 50 year old son's life, legally sign his house over to herself? When signing it, it did not say she was signing for him as his power of attorney. The deed also said that it was signed by him in front of the notary. When you have power of attorney, do you sign your own name or the person whom you have power of attorney? This person was also not in any type of mental state which would make him unable to make his own decisions.


Asked on 1/30/03, 10:56 pm

1 Answer from Attorneys
Richard Sedgley Richard A Sedgley

Re: Abusing Power of Attorney

A person properly using the power of attorney, volunterily granted, can transfer property to themselves, but the tranfers are subject to strict scrutiny. The deed described seems to have a defective acknowledgement and therefore conveyed no title to the real estate.

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Answered on 1/31/03, 5:07 pm


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