Chapter 5 - THE POWER OF ATTORNEY
Eleanor’s lawyer sent the power of attorney.
Twelve pages.
Specific.
Sancia had authority to:
Pay Eleanor’s bills.
Manage insurance.
Speak with financial institutions.
Handle property taxes.
Arrange routine maintenance.
She did not have unrestricted authority to:
Sell Eleanor’s residence.
Gift property.
Transfer real estate to herself.
Change beneficiaries.
Modify Eleanor’s estate plan.
Then one clause mattered most:
Any sale, mortgage, conveyance, or lease exceeding twelve months concerning Eleanor’s primary residence required Eleanor’s contemporaneous written approval while she remained competent.
Eleanor had signed no such approval.
Another clause:
Agent may not create self-benefit except reimbursement of documented expenses.
Good.
Then:
If Eleanor became legally incapacitated, a different successor-agent structure applied with independent review.
She was not incapacitated.
Her orthopedic rehabilitation did not change legal capacity.
Naomi said:
“Sancia can pay the electric bill.”
“Can she evict me?”
“Your month-to-month tenancy is more complicated.”
Because property management authority could include serving ordinary notices if consistent with Eleanor’s wishes.
But Eleanor had now expressly told her lawyer:
I do not authorize termination of Radnor’s tenancy.
That ended most ambiguity.
Then Sancia’s lawyer said:
“Eleanor previously told Sancia she was considering ending the arrangement.”
Did she?
We asked Eleanor.
She looked irritated.
“I told Sancia I was tired of tripping over Maelle’s sneakers.”
Not legal notice.
Then:
“Did you ever say Radnor should move?”
“I said maybe they’d want their own place eventually.”
Again.
Family talk.
Not authority.
Then a title company called Eleanor’s lawyer.
That changed everything.
Three weeks earlier, Sancia had requested a preliminary title package.
She had presented:
The old deed.
The power of attorney.
A proposed sale contract.
My stomach dropped.
“Sale to who?”
A local cash buyer called Harbor Ridge Homes.
Not Sancia.
Good.
No secret self-transfer.
Purchase price:
$412,000.
House market estimate around $455,000.
Discount for quick closing and repairs.
Closing scheduled in twelve days.
Subject to title approval.
Eleanor stared at Naomi.
“I am not selling my house.”
There.
Then:
“Did you sign the sale contract?”
“No.”
Sancia had signed:
Eleanor Vale, by Sancia Vale, attorney-in-fact.
Could she?
Only with Eleanor’s written approval under POA.
None.
Then why did title company proceed?
Preliminary review only.
They had requested full authority documentation.
Closing had not been cleared.
No transfer.
No buyer payment.
No deed drafted for recording yet.
Good.
Systems working.
Then one disturbing detail.
Sancia’s initial upload omitted the page containing the written-approval restriction.
Not forged.
Incomplete.
When title staff requested full instrument, Sancia said:
“My mother’s lawyer is sending the remaining pages.”
She never did.
Then the original deed.
Title company had asked to inspect chain documents because Sancia claimed Eleanor’s fire-safe records were available.
Sancia removed the deed from Eleanor’s house.
That explained the handbag.
She had taken it to the title company.
Then to the party.
Why carry it there?
She planned to go back to the title office the next morning.
Mundane.
Still unauthorized.
Then Naomi said:
“Now we have something concrete.”
Sancia was trying to sell Eleanor’s house.
Not completed.
Not secretly recorded.
But real enough.
May you like
The question became:
Why?
