What Should I Do if My Sibling with Power of Attorney Sells My Mom’s Property? - Pennsylvania
The Short Answer
In Pennsylvania, a person acting under a power of attorney (the “agent”) can sometimes sell a parent’s real estate—but only if the power of attorney actually grants that authority and the agent follows strict fiduciary duties. If your sibling sold your mom’s property outside the scope of authority, for personal benefit, or without proper records, the sale and the handling of the proceeds may be challengeable and the agent may be personally liable.
What Pennsylvania Law Says
Under Pennsylvania law, an agent under a power of attorney must act in the principal’s best interest, stay within the authority granted, avoid conflicts of interest, and keep detailed records of transactions. When real estate is sold, disputes often focus on whether the POA authorized the sale, whether the agent acted loyally and in good faith, and where the sale proceeds went.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 5601.3.
This statute establishes that an agent must act in the principal’s best interest and good faith, stay within the granted authority, avoid conflicts, and keep records of all receipts, disbursements, and transactions.
In addition, Pennsylvania law allows a court to require the agent to formally account for their actions. See 20 Pa.C.S. § 5610 (court-directed accounting by an agent).
Related reading: Can a Power of Attorney Manage Assets After Death in Pennsylvania? and How Can I Challenge an Executor’s Accounting and Recover Missing Estate Funds in Pennsylvania?.
Why You Should Speak with an Attorney
While the statutes provide the general rules, applying them to a real estate sale is rarely simple—especially if the property has already been transferred to a third-party buyer, or if your mom’s capacity and intent are disputed. Legal outcomes often depend on:
- Strict Deadlines: Delay can make certain remedies harder (and sometimes defenses like laches may be argued), particularly if the sale happened long ago or the property has changed hands.
- Burden of Proof: You may need documents showing the POA’s scope, the deed and closing file, bank records tracing where the proceeds went, and evidence of conflict of interest or bad faith.
- Exceptions and Authority Limits: The POA’s wording matters. Even when an agent can sell real estate, they still must comply with fiduciary duties—especially around self-dealing, below-market transfers, and commingling funds.
Trying to handle this alone can lead to missed claims, incomplete evidence preservation, or an outcome where the sale can’t realistically be unwound even if wrongdoing occurred. A Pennsylvania probate attorney can quickly evaluate the POA language, the deed/closing, and whether to pursue an accounting, recovery of proceeds, or other court relief.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.