If an attorney is to buy or sell property on behalf of the granter, it is important to ensure that the Power of Attorney is both relevant and explicit about the powers of the attorney in relation to property and finances.
The correct Power of Attorney must be held - a Continuing Power of Attorney for financial matters and a Welfare Power of Attorney for personal welfare matters. These do not have to be held by the same person.
A Continuing Power of Attorney may give the general right to deal with all the granter's financial affairs, or it might list specific powers. It is important that it gives sufficient powers for the buying or selling of a house and associated contracts. Powers must be explicit, and cannot be implied, in the document.
It is also important that the Welfare Power of Attorney gives sufficient powers to deal with any new or changed welfare needs arising from a house purchase or sale.
An attorney has a legal duty to act with due skill and care, and to act reasonably and in good faith. If they do, they are not personally liable for any financial loss to the granter. But if they abuse their position, they are legally liable to make good any losses.
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