Can a Power of Attorney Sell a House?

Have you been tasked with helping a loved one sell their home? You’ve come to the right place. As a real estate team that specializes in working with seniors and their families, we know what you’re going through.

First things first, if you’re involved in the sale of a house that’s not your own, you’re going to need formal permission from the government.

Under Ontario law, you can’t sell someone else’s house for them without legal approval – even if you’re directly related to them. So how can you get said approval? By applying for power of attorney (POA).

Keep in mind that POA is different from probate, which grants you the right to sell the property of someone who has passed away.

In this blog, we’ll look at selling a house with power of attorney, how to get POA in Ontario, and more!

Looking for information on probate in Ontario? Click here to read our blog about it.

What is Power of Attorney?

In simple terms, power of attorney is a legally binding designation that grants someone (the attorney) the ability to make certain decisions on behalf of another person (the grantor).

Unfortunately, life doesn’t always go as planned. Sometimes, someone may not be able to make major decisions for themselves, maybe due to medical issues or similar challenges. When this happens, someone close to them will need to step in and assist.

A very common example of this is senior home sales. Often, an older homeowner may find themselves needing to sell their property under unexpected circumstances.

When selling a house, having POA empowers the attorney to manage more or less every aspect of the sale – from hiring a real estate agent to negotiations, paperwork, closing procedures and everything in between.

Selling someone’s house? Explore these related blogs for advice on getting the best result possible.

• What to Look For in a Listing Agreement
• Are Home Sold Guarantees the Real Deal?
• The Top 5 Common Mistakes Home Sellers Make

What is Power of Attorney For Property?

Can a power of attorney sell property? In short, the answer is Yes, but only with the proper type of attorney rights. In Ontario, there are two separate categories for POA. This protects grantors from providing more rights than necessary to their attorneys.

The first type of POA is Personal Care, which grants certain permissions related to a person’s health. The second is Property, which covers an individual’s belongings. In this case, for a power of attorney to sell a house, you’ll need the power of attorney for property.

How to Get Power of Attorney in Ontario

There are two ways to get power of attorney in Ontario. The first way is to be named as an attorney by the grantor directly. The second method of receiving POA is to directly apply for it.

Some older homeowners will take the initiative to proactively name someone as their attorney in case of an emergency, usually a spouse, family member, or close friend. However, it’s still fairly common not to have a designated person in place. When this happens, someone close to the person can step up and follow the necessary steps to obtain POA.

What You Need to Apply For Power of Attorney in Ontario?

You can’t start your POA application empty-handed. You’re going to need a handful of critical information and access to certain people in order to complete the documentation, mainly:

• The legal names and addresses of the person(s) receiving attorney
• The legal names and addresses of two separate witnesses
• Signatures from the individual grantor, receiving person(s), and the two witnesses

Searching for home selling advice that’s a little more specialized? Check out these blog posts next.

• 3 Things Seniors Should Know Before They Sell Their Home
• Selling After a Divorce: Do You Need One Agent or Two?
• How Do I Sell My Home With a Tenant?

Where Can I Get a Power of Attorney Form in Ontario?

Applying for power of attorney is usually a fairly straightforward process. We say usually because in some more intricate scenarios, applying for POA may require formal legal counsel. That said, with the right planning and execution, it should be a quick and easy process, especially compared to probate, which can take weeks or even months to be finalized.

When you’re ready to get started, you can download Ontario’s power of attorney forms and kit here.

Searching for a real estate agent who can help you sell a loved one’s home? We’re here to help. Call us at 416-571-2724 or email info@arciteam.com to get started.