I have had a Durable Power of Attorney among other legal documents since 2002 for my elderly mother. We just recently found out some real property she has owned together with her niece, her niece committed fraud by signing my mother's name to a quit claim deed in 2006. My question is since I have had the POA since 2002, shouldn't my name been included on the quit claim deed to be valid? We know it is not a true and valid deed since no such signing ever took place. I would presume that having the POA that I would have the final say in such transactions. Am I right? We reside in Florida if anyone can help me on this.

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Originally Posted by MrDaddy

I have had a Durable Power of Attorney among other legal documents since 2002 for my elderly mother. We just recently found out some real property she has owned together with her niece, her niece committed fraud by signing my mother's name to a quit claim deed in 2006. My question is since I have had the POA since 2002, shouldn't my name been included on the quit claim deed to be valid? We know it is not a true and valid deed since no such signing ever took place. I would presume that having the POA that I would have the final say in such transactions. Am I right? We reside in Florida if anyone can help me on this.

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A POA doesn't normally prevent the principal (your mother, for example) from acting on her own (executing a deed). To do that you would have to be appointed her conservator.

My friend quit claimed a house after going through a divorce and personal struggles. He signed over power of attorney in the quit claim to another individual. The mortgage has since been sold and the quit claim person no longer has power of attorney but wants him to re-assign it back. Is he entitled to any financial restituition if he refinances the home? There's a motion put into place when the quit claim was executed, will the party that received the quit claim be required to fulfill the motions ?