Q: My parents and I are purchasing a home in Georgia, but they are in California and cannot attend the closing. Do they have to be present if I have a power of attorney from each? Please explain how this would work.

A: A power of attorney is a legal document in which a "grantor" grants certain expressly listed powers authorizing another person, the "grantee," to act on the grantor's behalf. The grantee is "attorney in fact" for the grantor(s). A power of attorney may be general or specific. In a general power of attorney, the grantor typically appoints the grantee to perform and manage all of the grantor's affairs, including, but not limited to, all types of business transactions. In a limited power of attorney, the grantor appoints the grantee to perform one or more specific tasks. In a routine real estate closing where one or more parties cannot attend, a limited power of attorney is probably the minimum necessary to accomplish the transaction. A limited power of attorney should be written so it does not convey powers beyond what is needed. In addition, it should expire shortly after the date of the contemplated transaction. When signing the real estate paperwork, the attorney in fact will sign the real estate paperwork by signing the name of the grantor, adding "by attorney in fact," and then signing the grantee's name. Powers of attorney should be reviewed and/or drafted by an attorney to ensure that they are appropriately worded to make the grant of authority valid.

This column is designed to provide information in regard to the subject matter covered. It is not intended to render legal advice.

— By Raghu R. Raju, an associate with Weinstock & Scavo P.C.; rraju@wslaw.net

Have a question you would like answered in this column? Please contact James J. Scavo at jscavo@wslaw.net or c/o Weinstock & Scavo, P.C., 3405 Piedmont Road, Suite 300, Atlanta, GA 30305.