Sometimes a person is unable to sell their own home. They could be dealing with health or medical issues, or navigating other challenges that make it not possible to manage the process or make major life decisions on their own.
When this happens, usually someone close to them (often an immediate family member) will step up to help out. This is a fairly common practice, and with that, there are important rules and regulations that must be followed.
If you’re about to sell a loved one’s house for them, you’ll need something called Power of Attorney for Property first. That’s what this blog post is all about.
Selling someone’s house after they’ve died?
Read our blog post about Ontario’s First Dealings Exemption
How Power of Attorney Works in Ontario
If you don’t know what Power of Attorney (also called POA) is, or how it works, that’s okay. Let’s start with the basics.
When someone does not have the capacity to manage their own affairs, the Provincial Government can grant someone the authority to do so on their behalf. That power is called Power of Attorney.
In a POA scenario, the person who requires help is known as the Grantor. The person who receives the authority to act on their behalf is called the Attorney.
Searching for more advice related to selling a loved one’s home? Check out these related blogs next.
- When is Probate Not Required in Ontario?
- How to Apply for Probate in Ontario
- How Flexible Should You Be During Home Negotiations?
- How to Find a Reliable Real Estate Agent
What Are the Different Types of POA?
Power of Attorney gives you the legal grounds to make major, binding decisions for someone else. However, it’s not a catch all designation.
In Ontario, there are different types of POA that you can apply based on the needs of the Grantor. You’ll need to apply for whichever applies best to your situation.
POA For Property
Selling a house is a great example of when POA may be needed because it’s a specific, one-time process. As an Attorney, you can prepare, list, and close on a home (with the help of a real estate agent) even if you’re not the homeowner.
In a home sale scenario, you’ll need Power of Attorney for Property.
POA for Property can also give you the authority to manage other big assets or certain aspects of a Grantor’s finances too.
POA For Personal Care
Power of Attorney for Personal Care is the other primary type of POA in Ontario. As the name suggests, it mainly covers permissions related to the Grantor’s medical care and overall well-being.
How to Apply For Power of Attorney
Becoming an Attorney is a formal process, and while that may sound intimidating, it’s actually much easier than many people expect it to be. Nine times out of ten, you can obtain POA in Ontario without getting a lawyer involved (although it may be necessary in certain circumstances).
Here’s how it works.
First, download the Province’s Power of Attorney kit. It’s got all the necessary information and documents needed to make someone an Attorney.
Next, you’ll need a few pieces of information:
- The legal name (s) of the person(s) receiving Attorney
- The address(s) of the person(s) receiving Attorney
- Two witnesses
- Signatures from the Grantor, the individual receiving Attorney, and the two witnesses
I Have POA, What’s Next?
Whether you’ve already been named as an Attorney or are about to apply for POA, you’ll want to start thinking about the home sale sooner rather than later.
Just like if you were selling your own home, step one is to find the right real estate agent for the job. It’s not just about making it through the selling process; you’ll also want to get the best results you can.
Search for an agent who is experienced, local to the homeowner’s area, and sensitive to your circumstances.
Want to know more about the importance of choosing the right Realtor?
Find out why agent experience matters
On the hunt for more home selling advice? Read these blogs next!
- How to Add Value to Your Home Before Selling it
- How Long Does it Take to Sell a House?
- When is The Best Time to Sell a House in Ontario?
Get Compassionate Home Selling Support
Selling someone’s home can be overwhelming, but with the right help from a compassionate and knowledgeable real estate agent team (like us), you can make it through the journey with as little stress as possible.
No matter your reasons or circumstances for selling, Puckrin & Latreille can guide you toward a smooth, high-return sale. As a multi-generational real estate team, family plays a big role in how we sell homes. We’ll be here for you every step of the way.
Need home selling support? Call 905-985-7300 or send an email to hello@liveplayinvest.com to get in touch with us!
Book a Meeting
Whether buying or selling a home in Port Perry and the surrounding area, our team has you covered. Book a call with us today to get started.
