Can I Sell My Parents' House With Power of Attorney in Maryland?

If your parent is aging, hospitalized, in assisted living, or legally incapacitated, and you hold power of attorney (POA), you may ask: "Can I sell my parents' house with power of attorney in Maryland?" The answer is yes—but only if the POA is properly drafted and still valid.

What Is Power of Attorney in Maryland?

A power of attorney is a legal document giving you (the attorney-in-fact or agent) authority to act on your parent's (the principal's) behalf. The scope depends on what the document says. Some POAs are limited to specific tasks; others grant broad authority.

In Maryland, there are two main types:

• Durable Power of Attorney — Remains valid even if the principal becomes incapacitated. This is what you need to sell a parent's home if they're in decline.
• Non-Durable (Ordinary) Power of Attorney — Becomes invalid if the principal becomes incapacitated. If your parent loses mental capacity and you only hold a non-durable POA, you lose authority and may need to go to court for guardianship.

If your parent drafted a durable POA with real estate authority, you can sell their home even if they're incapacitated.

What Does POA Authorize for Real Estate?

Not all POAs include real estate authority. Some are limited to banking and financial decisions only. Before selling your parent's home, you must verify the document explicitly grants real estate authority.

Look for language like: "authority to sell, lease, mortgage, or otherwise encumber real property" or "full authority over real estate transactions."

When Your Parent Is Incapacitated

Here's the typical process if your parent is incapacitated and you hold a durable POA with real estate authority:

• Verify the POA is still valid. Get an original or certified copy.
• Determine if your parent can understand the sale. If they have some capacity, they may need to consent. Consult an attorney.
• Notify relevant parties. Healthcare proxy, guardian, or family members.
• Work with a cash buyer who handles POA transactions. Pages of Purpose LLC regularly closes properties sold under power of attorney.
• Bring the POA to closing. The title company will review it.

POA vs. Guardianship

If your parent drafted a durable POA before becoming incapacitated, you likely do not need guardianship to sell their home. The POA is sufficient.

However, if there is no POA and your parent is incapacitated, you will need to petition the court for guardianship. This is slower and more expensive. Always encourage aging parents to execute a durable power of attorney while they still have full capacity.

Common POA Pitfalls

• The POA is not notarized. Maryland title companies require proper notarization.
• The POA is too old or expired. Some POAs include expiration dates.
• The POA was revoked. If your parent signed a new POA naming someone else, the old one is void.
• There is family conflict. If other family members question the parent's capacity, a court may intervene.
• The POA does not grant real estate authority. Always verify the POA explicitly covers real property sales.