Short answer
Yes, if the power of attorney is valid and grants real estate powers. Pennsylvania's power of attorney law lets a principal grant powers in writing to an agent. Title companies often review the document closely, and some want a recent or certified copy. Have an attorney confirm the wording before you list.
What the law allows
Pennsylvania's power of attorney chapter, 20 Pa.C.S. Chapter 56, says that any or all of the powers listed in section 5602(a) may lawfully be granted in writing to an agent. The document should clearly state the agent's authority to sell. Broad statements may not be enough for a title company.
What a title company checks
Title companies often look at whether the document is properly signed and notarized, whether it covers real estate, whether it is still in effect and whether the principal is alive. If the principal has died, a power of attorney generally ends, and the estate's personal representative must sign instead. Ask the title company what it needs early, so you do not lose time. Timing matters. A power of attorney only works while the principal is alive and, in most cases, has capacity when it was signed. If a family is waiting to see whether a parent will recover, it can be tempting to hold back. But the longer the wait, the greater the risk that the owner loses the ability to sign anything new. An elder law attorney can advise on whether to update the document now while the owner can still do so.
When capacity is a concern
If the owner can no longer manage affairs and has no power of attorney, a family member cannot simply sign. A court process may be required. An elder law or real estate attorney can explain the options. Do this before listing the house.
A checklist
Before listing, make a short packet. Include the signed power of attorney, ID for the agent, and a copy of the deed. Add a letter from the owner's doctor if capacity is in question. Ask the title company what its underwriter wants to see, and whether it wants a recent, signed statement from the agent. Ask whether the closing can be done by mail or mobile notary if the owner is in care. Keep a record of how sale proceeds will be used for the owner's benefit. An agent has duties to the principal, and an attorney can explain them.
Selling for a loved one
Kaizen Home Buyers buys houses as-is for cash, with no repairs and no agent commission. We make an offer within 24 hours and can close in 14 to 30 days or on the owner's date. If an agent holds a power of attorney, we will want to see the document and have the title company review it. Call 267-329-0084. A listing with an agent is another route if the owner's house is in good shape.