How Can an LLD Owner Allow a Property Manager to Handle Evictions and Cour Matters?
Full Question:
Answer:
A power of attorney form may be used to delegate authority to another person to sign papers and take other necessary acts, according to the authority described in the form. Therefore, an LLC owner (called the "principal) can create a power of attorney form naming a property manager as agent to handle matters related to the property. The terms of the power of attorney govern the extent of the agent's authority. A power of attorney may be limited so that it only authorizes action to be taken for a specific transaction(s) or for a specified time period. For example, a limited power of attorney for real estate may be used to handle an eviction only. A general power of attorney may be used to handle an eviction and other types of transactions as well. If it is durable, it means it will not be terminated by the principal's incapacity.
The form may be durable or nondurable. A durable form stays effective despite the principal's incapacity, such as being ill or in the hospital due to an accident, or suffering from dementia due to Alzheimer's disease. A nondurable form will terminate when the principal in unable to effectively act on his or her own.
A power of attorney is governed by the law of the jurisdiction where the actions of the attorney-in-fact will be performed. Usually, this is where the property of the principal is located. It is generally not recommended to appoint an agent who resides in a different jurisdiction, unless the property or assets involved are also in the different jurisdiction. When the agent will be acting in more than one jurisdiction, separate powers of attorney for each jurisdiction are recommended. You may check with the local land recorder's office whether they allow the power of attorney to be recorded, a srules vary by jurisdiction.
