1 Valid Power of Attorney (If Parent Cannot Sign)

If your parent is in assisted living or memory care and cannot participate in signing contracts and closing documents, you will typically need a durable power of attorney with specific provisions. The document should include explicit authority for real estate transactions — clearly authorizing the agent to convey, mortgage, lease, or otherwise transfer real property. For documents executed today, Florida law requires the principal's signature with two witnesses and a notary.

About older POA documents: Florida's Power of Attorney Act took effect October 1, 2011. A durable POA that was validly executed before that date generally remains valid — the law grandfathers it in. But "legally valid" and "practically accepted" are two different things. Title companies and banks now train compliance staff on the 2011 Act, and they frequently scrutinize, request additional documentation for, or — as a matter of internal policy — decline to accept older POAs, especially those missing certain formalities. Many title companies are most comfortable with a POA executed within the last five to seven years. Because the owner must still have legal capacity to sign a new document, the safest path is to review the POA early, while there's still time and options.

If the power of attorney is missing or the title company won't accept it, families may need to pursue guardianship through the Palm Beach County courts — a process that can take roughly 60 to 90 days and cost several thousand dollars in legal fees. That's exactly the outcome early review is meant to avoid.

2 Death Certificate and Probate Documentation

If your parent passed away before the property sold, the legal authority to sell changes immediately. Power of attorney terminates upon death — even if you were acting as agent beforehand, you cannot use the POA to sell afterward.

Instead, the estate typically must go through probate, unless the property was titled in a trust or had a transfer-on-death arrangement. Documents commonly required:

• Certified death certificate
• Letters of Administration or Letters Testamentary
• Court authorization for the sale, if required

Florida probate often takes six to twelve months depending on complexity — another reason to confirm how title is held before listing.

3 Trust Documentation

If the property is owned by a revocable living trust, the title company will require documentation confirming trustee authority — typically the original trust agreement, any amendments, and a certification of trust summarizing the key provisions.

A common issue: families believe the house was placed into a trust, but the recorded deed never actually transferred the property into it. Title companies verify the recorded deed matches the trust ownership exactly.

4 Property Deed Establishing Clear Title

The recorded deed determines legal ownership. Before listing, it's wise to review the deed to confirm:

• The owner's name matches current identification
• No unexpected co-owners appear
• The legal description matches the property

Deed issues sometimes arise from old estate-planning strategies, name changes, or improperly handled spousal deaths.

5 HOA Documents (Most Wellington Homes)

Many Wellington communities require an HOA estoppel letter before closing. It confirms the status of association fees, any outstanding balances, and whether violations exist. Estoppel letters typically cost roughly $150 to $400 and can take one to two weeks to obtain — so request it early.

6 Homestead Status

If the property had a Florida homestead exemption but the owner moved into assisted living, the exemption may need to be addressed. This doesn't prevent the sale, but it can affect closing calculations and should be reviewed with the Palm Beach County Property Appraiser and a qualified advisor.