Skip to content
Pass Georgia
Download
Real estate glossaryNational exam concept

Power of attorney

A power of attorney is a written instrument by which a principal grants an agent, called an attorney-in-fact, authority to act within the powers described in the document.

Exam area: Agency

Download PDF

What does “power of attorney” mean in real estate?

A power of attorney is a written instrument by which a principal grants an agent, called an attorney-in-fact, authority to act within the powers described in the document.

How is “power of attorney” different from the closest wrong answer?

An attorney-in-fact is an authorized agent and need not be a lawyer. A closing attorney is a Georgia-licensed lawyer performing legal closing work.

What is the Georgia-specific rule?

Georgia law and the specific document control execution, durability, recording, acceptance, and scope. Authority to sign a deed must be clear and the instrument may need recording with the conveyance.

Worked exam example

Scenario

An owner authorizes a trusted relative through a valid instrument to sign stated closing documents while the owner is overseas.

What is the most common exam trap?

Trap correction

The agent cannot exceed the document's authority or treat the principal's property as the agent's own.

Original exam check

Apply the definition

A seller who will be overseas signs a valid power of attorney naming a nephew, who is not a lawyer, to sign the deed at closing. Which statement is accurate?

Mastery tracker

Do not mark this term complete until you can retrieve it.

0%

Progress is stored only in this browser.

Related terms to learn next

Agency

Agency is a legal relationship in which an agent is authorized to act for a principal and owes duties arising from the relationship, the agreement, and applicable law.

Fiduciary duty

Fiduciary duty is the heightened obligation of loyalty, obedience within lawful authority, disclosure, confidentiality, accounting, and reasonable care that an agent owes the principal, as shaped by statute and agreement.

Closing attorney

A closing attorney is the Georgia-licensed lawyer who conducts the legal closing, oversees execution and disbursement, and handles the conveyancing and title-related legal work that constitutes the practice of law.

Deed

A deed is a written instrument by which a grantor conveys an interest in real property to a grantee.

Recommended next complete lesson

Continue with Agency complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.
Previous termBuyer brokerage agreementNext term Latent defect