FACTS:                    

The seller suffered a stroke while escrow was pending.  The seller is currently in the hospital and unable to comprehend complex issues like a real estate transaction.  The seller’s son has proposed to obtain a power of attorney so that the son could act on the seller’s behalf in closing escrow on the property. 

ISSUE:                      

Would the grant of a power of attorney to the son while escrow is pending enable escrow to close?

ANSWER:                

Probably not.

DISCUSSION:         

Based on the facts presented, the seller does not have the capacity to enter into a contract or any other legal document for that matter.  Because the power of attorney would be created after the stroke, when the seller lacks capacity, the power of attorney would likely not be legally sufficient.  Independent legal counsel should be consulted.