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Is PoA valid to sell a property if owner loses mental capacity?

October 30, 2025

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Mint Kolkata

Six months ago, my father gave me a registered power of attorney (PoA) to sell his property. He slipped into a coma last month. Can I still sell it under that PoA? —Name withheld on request

- Tanmay Patnaik

Is PoA valid to sell a property if owner loses mental capacity?

PoA is a document through which one person (principal) authorizes another (attorney) to act on his behalf. This could be for a single, specific transaction like selling individual property, or it could be more general, covering a wide range of financial and legal matters.

PoAs let individuals authorise trusted persons to manage property, investments or legal matters. But they have limits—a key question is whether a PoA stays valid if the principal becomes mentally incapacitated, such as in a coma.

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