Can we use the power of attorney to quit claim deed him off the property? 1 Answers as of June 29, 2016

My brother is in jail and gave my husband power of attorney. We own a piece of property jointly and would like to remove him from the property. He is in jail in a different state than the property is in.

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Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
If your power of attorney allows for the attorney-in-fact to have that authority, you could do it. You would need to see if the power is effective upon the power of attorney being executed, or if it springs into effect later upon a determination of disability. If effective right away, I think it would be a good idea to get some kind written letter or statement from your brother that he is okay with being taken off title. What is the reason for removing him? If you plan to sell, you might be able to use the power of attorney to sign for him to complete the sale, and you will also need to safeguard his share of any profits. If you want him off just because he is in jail, that may cause some problems. Your husband owes your brother certain fiduciary duties as attorney-in-fact. He was given this authority to act on behalf your brother when your brother is unable to act for himself. Your husband is not to act in his own interest, or in yours. If he uses the power of attorney to remove your brother from title for no reason other than you want him off because he is in jail, that may be a breach of fiduciary duties for which you could be liable. You cannot abuse the power of attorney.
Answer Applies to: Washington
Replied: 6/29/2016
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