Can I Sell My Parents’ House with Power of Attorney in Los Angeles, CA?

Nobody hands you a manual when you become the person in charge of a parent’s affairs, especially their house. One day you’re just their kid, and the next you’re staring at a stack of legal documents and a question you never thought you’d have to Google.

Good thing you did. Because yes, you can sell your parents’ home with a power of attorney in Los Angeles, CA. You just need to know what makes it legal and how to do it the right way, so no one comes after you later.

This article covers all of it!

What Is a Power of Attorney and Why Does It Matter for Parents’ Homes

A power of attorney, or POA for short, is a legal document your parent signs to give you the authority to act on their behalf. Your parent is the principal. You’re the agent, sometimes called the attorney-in-fact.

That authority can cover a lot of things, like finances, healthcare, business decisions, and real estate. It depends entirely on what the document says.

For selling a home in Los Angeles, the POA has to specifically grant you the right to handle real estate transactions. That one detail matters more than most people realize. A broad, general POA sounds like it covers everything, but if property sales aren’t mentioned, title companies won’t budge.

The document must also be valid under California law. That means your parent signed it while mentally competent, and it was properly witnessed. It should also be notarized.

If there’s no notarization, there would be no sale. It’s that straightforward.

Can You Sell a House with Power of Attorney in Los Angeles, CA

Yes, you can sell a house with power of attorney in Los Angeles, California, but only if the conditions are right.

The POA needs to be the kind that stays valid even if your parent becomes mentally incapacitated. That’s called a durable power of attorney, and it’s the type you almost always need for real estate transactions.

Your parent also had to be of sound mind when they signed it. A POA signed after cognitive decline sets in won’t hold up.

Los Angeles title companies and escrow officers review POA documents closely before allowing a sale to move forward. Some will ask for an attorney’s certification in addition to the document itself.

It’s more thorough than a standard home sale, but it’s manageable when everything is in order.

One hard limit worth knowing now is that a POA ends the moment your parent passes away. After that, the home becomes part of their estate, and a completely different legal process takes over.

So if the house needs to be sold, it has to happen while your parent is still alive.

Types of POA That Allow You to Sell a Parent’s Home

Not all POAs are created equal, and this is where a lot of people get tripped up. You might have a document in hand and assume it covers everything. Sometimes it does. Sometimes it really doesn’t.

Here’s a quick breakdown of the types you’ll run into.

General Power of Attorney

This one gives you broad authority over your parents’ finances and legal decisions. It sounds like it covers real estate (and sometimes it does), but you have to check the language inside the document. If property transactions aren’t spelled out, don’t assume.

Also worth knowing: a general POA becomes invalid if your parent loses mental capacity. That’s a big gap if things take a turn for the worse health-wise.

Durable Power of Attorney

This is the one you want for selling a home. A durable POA stays in effect even after your parent becomes incapacitated, which is exactly the situation most families are dealing with when the house needs to go.

It has to explicitly say it’s durable, and it should include real estate authority. If both boxes are checked, you’re in a much stronger position.

Limited Power of Attorney

A limited POA is built for one specific job. Some parents set these up just to handle a single property sale, especially if they’re traveling or temporarily unable to manage things themselves. It’s narrow by design and expires once that task is complete.

Springing Power of Attorney

This type only starts when a specific condition is met, usually when a doctor certifies that your parent is no longer capable of managing their own affairs.

It sounds practical, but it can slow things down because you have to prove the condition was triggered before anyone will honor it.

When you’re selling a parent’s home in Los Angeles, a durable POA with clear real estate language is almost always the cleanest path forward.

What Are the Requirements for a Valid POA in California

The POA won’t hold up when it counts most when you don’t abide by California’s specific rules.

Your parent had to be mentally competent when they signed it. That’s non-negotiable. If there’s any question about their state of mind at the time of signing, the whole document can be challenged, and that’s a headache nobody wants in the middle of a home sale.

The document has to be signed in front of a notary public. Two adult witnesses are also required, and they can’t be people who stand to inherit from your parents. That last part sometimes surprises people.

Once those boxes are checked, the POA needs to be recorded with the Los Angeles County Recorder’s Office before you can use it in a real estate transaction. Title companies will ask for this, and escrow won’t close without it.

What Documents You’ll Need to Transfer Property

Beyond the POA itself, you’ll need a few more things ready before the sale can move forward.

The property deed comes first. You need to confirm how the title is held and whether there are any liens or encumbrances on the home. Title companies run this search, but it helps to know going in.

You’ll also need a grant deed to transfer ownership, signed by you as the agent under POA.

The way you sign matters, too. It has to read something like “Jane Smith, as attorney-in-fact for John Smith,” not just your name alone. One wrong signature line and escrow will flag it.

Disclosure documents are required as well. Even when selling under POA, California law still requires the standard seller disclosures about the property’s condition.

Get these lined up early. It makes the whole process a lot smoother, and it keeps the sale from stalling out at the finish line.

Can I Sell My Parents’ House with Power of Attorney in Los Angeles, CA, If They’re Still Alive

Yes, you can sell your parents’ home for cash in Los Angeles, CA, and this is actually the only time you legally can. A POA only works while your parent is alive. The moment they pass, that authority is gone.

But “still alive” covers a wide range of situations, so you need to know where yours fall.

When a Parent Is Mentally Incapacitated

This is the most common scenario. A parent has a stroke, or dementia sets in. Their health declines to a point where they can no longer make decisions on their own.

If they signed a durable POA before that happened, you’re covered. You’ll also need written documentation from a licensed physician confirming the incapacitation. Los Angeles title companies will ask for this before moving forward.

When a Parent Is in a Nursing Home or Assisted Living

Being in a nursing home doesn’t automatically mean your parent has lost mental capacity. Some people are physically dependent but completely sharp upstairs.

That said, managing a home sale from a care facility is tough. That’s where the POA earns its place. You handle the legwork while keeping your parent in the loop on decisions that matter.

If the home needs to be sold to cover care costs, moving quickly is super important. LA facility fees are expensive, and the longer the property sits, the more carrying costs pile up.

When a parent is still competent but physically unable to manage a sale, a POA serves as a practical tool.

Your parent can still weigh in on the price and the terms. You’re just the one doing the legwork, their hands, not their voice.

What Are Your Fiduciary Duties as a POA Agent to Your Parent

When you act as a POA agent, you take on a legal obligation to your parent. Every decision you make has to be in their best interest, not yours, not your siblings’, not anyone else’s.

That means no selling the house below market value or selling it to yourself. You can use the proceeds for anything not in your parents’ best interests unless the POA explicitly allows it.

Document everything. Get an independent appraisal and keep records of every decision and the reason behind it. If a sibling questions the sale six months later, you want paper backing you up.

Acting in good faith matters, but proving it matters even more.

How to Sell a Parent’s Home in Los Angeles Using Power of Attorney

You’ve got the POA, and you understand your duties. Now you actually need to sell the house. Here’s how it goes.

Step 1: Verify Your POA Grants Real Estate Authority

A lot of people find out at the title company that their POA doesn’t actually cover property sales. That’s a rough place to learn it.

So before anything else, sit down with the document and look specifically for language about real estate, signing deeds, or handling property transactions on your parents’ behalf.

If it’s not in there, you’re not stuck. You can get a real estate-specific POA drafted while your parent still has capacity or work with an estate attorney in Los Angeles to figure out your options.

The point is, knowing this early keeps you from wasting weeks on a sale that hits a wall at the last step.

Step 2: Get the Home Appraised

As a POA agent, you’re legally on the hook to sell at fair market value. An independent appraisal is how you prove you did that.

It documents the home’s worth at the time of the sale. This is crucial if a sibling or the court ever questions your decisions down the road.

Los Angeles real estate values differ by neighborhood, so don’t rely on Zillow estimates for this. Get a licensed appraiser in. It’s a small cost that saves you from a much bigger headache later.

Step 3: Find an Agent Who Has Done POA Sales Before

Ask specifically if they’ve handled POA transactions in Los Angeles. It’s a different process than a standard sale.

An agent who hasn’t done one before will slow things down while they figure it out on the fly. You want someone who already knows what titles and escrow will ask for, and which disclosures apply. They’ll know how to keep the deal moving without unnecessary back-and-forth.

Step 4: Get the Property Ready and List It

This depends on your situation. If your parents’ home needs repairs and you have the time and budget, addressing them can raise the sale price.

If you’re working against a deadline because care costs are piling up, selling as-is might make more sense.

We’ve seen families in LA take both routes depending on the timeline.

Either way, price it based on the appraisal and current market conditions, not emotion. This is a financial decision for your parents’ benefit, and that has to guide the call.

Step 5: Review Offers With Your Parents’ Best Interest in Mind

When offers come in, your job is to evaluate them through one lens: what’s best for your parent. That means looking beyond just the price.

Look into contingencies, closing timelines, and buyer financing strength.

If your parent is still able to participate in the conversation, loop them in. Even if the final decision is legally yours to make, including them where possible is just the decent thing to do.

Step 6: Sign Everything Correctly at Closing

This is where many POA sales hit unnecessary snags. Every document you sign must clearly show your role.

The format is “Your Name, as attorney-in-fact for Parent’s Name,” and that wording must be consistent across every page.

One inconsistency and escrow flags it. Your officer will guide you through the stack of documents, but knowing this in advance means you won’t be caught off guard.

After closing, the sale proceeds go directly to your parents’ benefit. You keep records of every dollar. Your fiduciary duty carries all the way through to the end.

How to Transfer Property in Los Angeles Under a Power of Attorney

The actual transfer comes down to one key document: the grant deed.

You sign it as the attorney-in-fact, have it notarized, and then record it with the Los Angeles County Recorder’s Office. That recording is what makes the transfer legally real.

Before any of that happens, the title company runs a search on the property. They’re checking for liens and anything sitting on the title that could complicate things.

We’ve worked with families who had no idea there was an old lien on their parents’ home until escrow caught it mid-sale. Getting that search done early keeps things from stalling when you’re almost at the finish line.

Escrow handles the money side once the title clears. Your job is to show up with the right documents, signed in the right format. Let the professionals handle the rest.

It’s a few more moving parts than a regular sale, but with the right team around you, it moves faster than most people expect.

What a POA Cannot Do: Limits of Your Authority in Los Angeles, CA

Having a POA feels like having a master key sometimes. But it’s more like a key that only opens specific doors. Here are some off-limit moves to keep you out of serious legal trouble.

Selling the Home to Yourself as the Agent

Selling your parents’ property to yourself is considered self-dealing, which is a fiduciary violation. Even if you genuinely believe you’re offering a fair price, the conflict of interest is the problem.

You can’t be the seller and the buyer at the same time when you have a legal duty to act in someone else’s best interest.

Unless the POA document explicitly grants you this right, and very few do, stay far away from this.

Gifting the Property to a Third Party

Your parent verbally told you they want your sibling to have the house. That’s a lovely sentiment, but a POA cannot make that happen.

Gifting property to someone else is outside the scope of what a POA agent can do unless it’s specifically written into the document.

That kind of transfer belongs in a will or a trust, not a POA transaction. Mixing these up is one of the fastest ways to end up in probate court.

Acting Outside the Scope of the POA Document

Whatever the document says you can do, that’s your lane. The moment you step outside it, you’re exposed.

If the POA covers financial decisions but says nothing about real estate, you cannot sell the home. If it covers real estate but not gifting, you cannot gift the home.

The document is the boundary. Crossing it, even with good intentions, can result in the sale being voided and personal liability landing on you.

Using POA Authority After the Parent’s Death

The second your parent passes, the POA is done. It expires automatically, and any action taken after that point is legally invalid.

We’ve seen situations where an agent, not realizing this, tried to close a sale after their parent died during escrow. The whole transaction had to be unwound.

After death, the home becomes part of the estate, and the executor takes over from there.

What Happens to the Home After the Parent Passes: POA vs. Probate

Once the POA expires at death, the home doesn’t just sit there. It moves into the estate and gets handled through probate. Well, unless your parents had a living trust set up, in which case it transfers outside of probate entirely.

The executor named in the will takes over responsibility for the property. That might be you, or it might be someone else entirely.

Either way, it’s a completely different legal process with its own rules and court involvement.

If your parent didn’t have a will or trust, the court appoints an administrator, and things can go south, especially in Los Angeles, where probate timelines run long.

Getting estate planning in order while your parent still has capacity is the best thing any family can do. A POA handles the now. A will or trust handles what comes after.

When Do You Need a Lawyer to Sell Your Parents’ Home in Los Angeles

Most POA home sales in Los Angeles benefit from at least some legal guidance. But there are situations where an attorney isn’t just helpful, but actually essential.

If the POA document is old and vague, get a California estate attorney to review it before you do anything else. What was valid somewhere else may not hold up here.

If there’s any question about your parents’ mental competency when they signed it, an attorney helps you document and defend that. The same goes if siblings are already making noise about the property. A letter from a lawyer has a way of quieting things down fast.

If you’re unsure about anything at all, a one-hour consultation with an estate attorney in Los Angeles is a lot cheaper than fixing a mistake after the fact.

How to Handle Disputes Between Siblings Over a Parent’s Property

Family dynamics can become complicated when a parent’s home is on the table. A POA in the mix makes everyone suddenly have opinions.

The most common flashpoint is one sibling holding the POA while others feel left out. Even when everything is handled correctly, lack of communication is usually what turns tension into a full-blown dispute.

Keep everyone informed. You don’t need their permission to act, but a quick update when major decisions are made goes a long way.

We’ve seen families work through this without lawyers when communication stayed open from the start. We’ve also seen totally legitimate sales end up in probate court simply because nobody explained what was happening.

Document your decisions. If things are already heated, involve a mediator or an attorney before it escalates.

Red Flags That Signal POA Misuse in Real Estate

POA misuse in real estate happens often, and it usually starts with small decisions that seem harmless at the time.

The biggest red flag is a sale price well below market value with no clear explanation. A legitimate POA agent gets an appraisal and sells at fair market value. When that doesn’t happen, questions need to be asked.

Watch out for the agent also being the buyer, or for the property being transferred to a family member for little to nothing. Both are textbook self-dealing and can be challenged in court.

If the proceeds from the sale can’t be accounted for, that’s not a misunderstanding. That’s a problem. Talk to a probate attorney in Los Angeles sooner rather than later.

How Cash Buyers Can Simplify Selling a Parent’s Home in Los Angeles Under POA

Traditional home sales are already a lot to manage. Add a POA into the mix, and the paperwork and moving parts further multiply.

Cash home buyers in California don’t require repairs, staging, or open houses. The home sells as-is, which matters when you’re juggling a parent’s care situation and don’t have the bandwidth to oversee a renovation on top of everything else.

The timeline is also a completely different conversation. A traditional sale in Los Angeles can drag on for months. A cash sale can close in as little as two weeks. When care costs are running every month, the house sits; that speed has real financial value.

The POA process works the same way with a cash buyer. You still sign as attorney-in-fact, and the title still gets searched. The escrow still handles the funds. Just a few steps between you and closing.

Key Takeaways: Can I Sell My Parents’ House with Power of Attorney in Los Angeles, CA

Selling a parent’s home in Los Angeles under a POA is within reach when everything is in order. The document has to be valid and durable. It has to specifically cover real estate. Your parent also had to be mentally competent when they signed it.

Every decision you make as the agent has to serve your parents’ best interest, and every dollar from the sale has to go toward their benefit. Document everything and involve a California estate attorney if anything seems unclear.

If you’re ready to move forward and want to make the process as simple as possible, Eazy House Sale is here to help. Contact us at (855) 915-1382 or fill out the form below, and let’s talk about what selling your parents’ home in Los Angeles could look like for your family.