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Sell a House With Power of Attorney in Florida
Selling · Power of Attorney
Voyance Real Estate LLC · Alex D. Silva, Broker · Lic. BK3153327
You can usually sell a house with power of attorney in Florida if the document covers real estate and the person who signed it is still living.
Families often use one to sell a parent’s home after a move to assisted living or memory care.
What to check in the power of attorney
- Your parent signed it with two witnesses and a notary.
- It’s durable. If not, it stops working if your parent loses capacity.
- It covers real estate. The agent can only do what it grants.
- For a homestead, it was signed like a deed and authorizes the sale. A married parent’s spouse must also sign, even if not on the deed.
An older or out-of-state POA may still be valid if it met the rules when signed. For an out-of-state one, the title company may ask for an attorney’s opinion.
Alex isn’t an attorney. Have a Florida elder law or real estate attorney review the POA before you list.
Have these ready
- A copy of the POA, and where the original is.
- The deed, to see who’s on title.
- Mortgage and HOA details.
How the sale works when you’re the agent
- Send the POA to the title company early.It may ask for the original, to record with the deed, and your affidavit that your parent is living and the POA is in effect.
- Price and prepare the home.Alex prepares a comparative market analysis, handles showings and keeps the family updated.
- Sign as agent and close.You sign the listing, contract and deed for your parent. The money stays theirs. Florida law requires you to act in good faith, in their best interest, and to keep records.
When a POA can’t be used
Your parent has died
There’s no valid POA
- If your parent can’t make decisions, a court may appoint a guardian, who needs court approval to sell.
It’s limited, revoked or suspended
- A limited or revoked POA won’t work. Ask an attorney whether your parent can sign a new one.
- A guardianship case can suspend or end a POA. If one is filed, call an attorney before signing.
Alex Silva, broker
Voyance Real Estate is led by its broker and owner, Alex D. Silva, who has more than 30 years in real estate and holds Florida broker license BK3153327.
Short-sale negotiation is his specialty: lender approvals, second liens, and valuation disputes.
He works with homes, condos, rentals, and commercial property across Central and South Florida, in English, Spanish, and Portuguese.
Power of attorney sale questions
Can I sell my parent’s house in Florida with a power of attorney?
Usually, if it covers real estate, was signed with two witnesses and a notary, and your parent is living. A homestead has extra rules.
Do I have to be in Florida?
Not usually. Closings can often be signed by mail or with a mobile notary. Ask the title company how to deliver the original POA.
What if my parent has a reverse mortgage?
It can come due if your parent moves out for good, or illness keeps them away over 12 months in a row, unless another borrower lives there. See how a reverse mortgage sale works.
Official sources: Florida Power of Attorney Act (ch. 709) · Homestead and POA (s. 689.111) · Florida Bar: power of attorney · Florida Bar: guardianship
General real estate information, not legal, tax, or financial advice.
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Selling a parent’s home?
Tell Alex where the house is and who holds the power of attorney.