Yes. In Georgia, an agent under a power of attorney can sign the contract and the deed to sell a parent’s house, provided the document is durable and grants authority over real property transactions. That one sentence carries three tests, and every closing attorney in the state will apply them before your signature counts: the POA must contain a real estate grant, it must have been signed while your parent had legal capacity, and it must still be in effect at closing. Here is how each piece works in practice. We are home buyers, not attorneys, and this is not legal advice; when the stakes are a parent’s largest asset, have an attorney read the document.
What does the power of attorney need to say?
It needs to grant authority over real property. Since 2017, Georgia has used a statutory form under the Uniform Power of Attorney Act, and that form includes a specific line granting power over “real property” that the principal initials or marks. A POA that only covers banking and bills does not sell a house. Older documents written before the statutory form can still work if their language covers real estate transactions, and out-of-state POAs are generally honored in Georgia if they were valid where signed. The test is the text, not the title of the document, which is why the first thing we do when a family mentions a POA is ask for a copy to put in front of the closing attorney.
Does it matter when my parent signed it?
It matters more than anything else. A power of attorney is only valid if the principal had legal capacity on the day they signed. Signed five years ago, while your mother was sharp and managing her own affairs: solid. Signed last month, after a dementia diagnosis has progressed past the point of understanding what the document does: challengeable, and a careful closing attorney may refuse it. Durability matters too. A durable POA, which Georgia’s statutory form is by default, survives the principal’s later incapacity, and that survival is the entire point for families facing a senior care move.
What happens at the closing table?
The agent signs everything the owner would sign, in a representative capacity, and the closing attorney handles the formalities. Expect three things. The attorney will want to review the original POA, not just a photocopy. The POA is typically recorded in the county deed records along with the deed. And many attorneys ask the agent to sign an affidavit stating the POA has not been revoked and the principal is living. None of this slows a closing when the document is provided early; all of it can wreck a closing date when it surfaces late. Send the POA with your first message and the timeline stays yours.
What are the limits on what I can do as agent?
You act for your parent, not for yourself, and the law holds you to it. That means selling at a fair price, keeping the proceeds in your parent’s accounts for your parent’s benefit, and keeping records a sibling or a Medicaid caseworker could review later. It also means no self-dealing: transferring the house to yourself, or selling it to a family member at a discount, invites both a family dispute and a Medicaid look-back penalty, since below-market transfers within five years of an application can trigger periods of ineligibility. A fair market sale to an unrelated buyer, documented in writing, is the clean version of this transaction, and it is the only version we participate in.
What if there is no POA and my parent cannot sign?
Then the county probate court appoints a guardian or conservator, and the conservator petitions for authority to sell the real estate. It is a real path, and we have worked alongside families using it, but be clear-eyed: it involves filings, a hearing, sometimes a bond, and typically months of waiting, all while care bills run. If your parent still has capacity today, the most valuable thing you can do this week is have an elder law attorney prepare a durable power of attorney. If capacity is already gone, start the guardianship conversation now rather than after the community’s deposit is due. Either way, the full senior care guide covers how the sale fits the bigger move.
How do we get started?
Send the property address and a copy of the POA through the form, or call (770) 799-8760. We review the document with the closing attorney up front, send a written cash offer within about 24 hours, and close in as little as 7 to 14 days once the paperwork clears, with proceeds wired to your parent’s account. No fees, no repairs, no cleanout, and no obligation before you sign.