CB Title Group CB Title Group
Close With Confidence

(973) 921-0990


Have you ever been unsure about relying upon a Power of Attorney (“POA”) in your transaction? Here are key questions to ask yourself and your clients:

  1. Why is the POA needed?
  2. How old is the POA? Is it potentially too old to be relied upon?
  3. Have you checked with the principal who executed the POA?
  4. Was the principal competent when he/she executed the POA?
  5. Does the POA include the express power to sell or mortgage real property?
  6. Is the POA “durable” (i.e.,“This Power ofAttorney shall not be affected by the subsequent disability or in capacity of the principal or by lapse of time.”)?
  7. Does the POA depend upon a triggering event (e.g.,“This Power ofAttorney shall become effective only upon the disability or in capacity of the principal.”)?
  8. Has an event happened which might affect the use of the POA (e.g., death of or revocation by the principal)?
  9. Is it proper to make the proceeds check payable to the attorney-in-fact?
  10. Is use of the POA a conflict of interest?
  11. Can a person acting in a fiduciary capacity (i.e., executor, administrator, trustee, guardian, etc.) delegate his/her authority via a POA?
  12. Can a business entity representative (i.e., corporate officer, partner, LLC member, etc.) delegate his/her authority via a POA?
  13. If the POA is not already recorded, do you have the original POA in recordable form? Will it be recorded ahead of the deed or mortgage to be insured?

If you have any questions or need to order title Insurance please contact your CB Title sales rep at (973) 921-0990.