Can a Spouse with Power of Attorney Quitclaim a Marital Home to His Name Alone Without Asking?

The answer to that question lies in the language of the Power of Attorney document that was signed.

If the POA document is broad in scope, then the spouse/attorney-in-fact could transfer title to property in her own name.

Durable power of attorney documents can vest significant power and authority in the attorney-in-fact.

However, with that being said, most states have laws that impart on an attorney-in-fact a fiduciary obligation; that is, the attorney-in-fact is obligated by law to act with the highest degree of good faith on behalf of the principal who appointed the attorney-in-fact.

Actions that benefit the attorney-in-fact, to the detriment of the principal, would violate this fiduciary obligation and can, possibly, be actionable in court.