Yes. While your parent is alive, you can usually hold an estate sale under a power of attorney, as long as the document covers their personal property. Maryland’s statutory form calls that “tangible personal property.”
There are limits. The authority ends when your parent dies, and it doesn’t let you hand belongings out to family unless the document specifically says you can.
Can an Agent Under a Power of Attorney Sell a Parent's Belongings?
An agent can sell a parent’s belongings when the power of attorney covers tangible personal property. That’s the furniture, the jewelry, the paintings, the car in the garage.
Maryland’s statutory personal financial power of attorney lists that subject on its own line. If your parent granted it, you may “sell, exchange, convey” or otherwise dispose of the property.
What the Power of Attorney Document Needs to Say
Read the actual document before you call anyone. A general financial power of attorney usually covers personal property, but a limited one might only cover one bank account or one house closing.
Look for three things:
- A grant over tangible personal property, or broad general authority
- Whether it’s durable, meaning it still works if your parent loses capacity
- Any special instructions or limits your parent added
In Maryland, Estates and Trusts § 17-105 makes a written power of attorney durable unless it says otherwise. Older forms and ones from other states don’t always read the same way.
Does a Power of Attorney Let You Give Belongings to Family?
Not by default. Maryland’s statutory form only lets an agent make gifts if your parent initialed that section and named who can receive them.
This comes up all the time. Your sister wants Mom’s dining set, your brother wants Dad’s watch, and without gift authority they’d need to buy those pieces at a fair price or leave them with your parent.
Your Duties as Agent When Selling a Parent's Belongings
Your job is to act for your parent, not for yourself, and only within what the document allows. Maryland Estates and Trusts § 17-113 also says an agent keeps a record of all receipts, disbursements, and transactions.
For an estate sale, hang on to the settlement statement, the list of what sold, and the deposit slip. It’s your parent’s money, and it goes in their account.
What Happens to a Power of Attorney When the Parent Dies?
It ends the moment your parent dies. Maryland Estates and Trusts § 17-112 puts the principal’s death first on its list of things that terminate a power of attorney.
So if a sale is on the calendar and your parent passes before it runs, pause. Only the person the court appoints to handle the estate can approve a sale after that.
Why Bethesda and Potomac Families Use a Power of Attorney for Estate Sales
A power of attorney only works while your parent is living, so these sales almost always come with a move. Mom is going to assisted living, or Dad is moving closer to one of the kids, and the Bethesda or Potomac house they’ve lived in for years is still full.
Some families also hire a senior move manager for the move itself. Our guide to senior move management vs estate liquidation explains who handles what.
How iStuffSellers Works With an Agent Under a Power of Attorney
If you’re the agent, have a copy of the power of attorney handy when you call. Darren Hahnfeld walks the house himself and goes over what your parent wants to keep, move, or sell.
From there, our estate liquidation company runs the sale and the cleanout. You end up with an itemized record of what sold, which is exactly the kind of paperwork an agent should be keeping.
Frequently Asked Questions
Yes, if the document covers both real property and personal property. Plenty of general forms do, but a limited one might only cover the house or only the contents.
In Maryland, a photocopy of the original is generally as valid as the original under § 17-108. You can usually hand over a copy and keep the original somewhere safe.
Check the document first, because the money belongs to your parent and not to you. Maryland agents have to avoid conflicts of interest and keep a record of every payment, so get advice before you pay yourself anything.
Maryland generally honors an out-of-state power of attorney if it was signed properly under the law that governs it. Still, have someone read the grant of authority, since other states word things differently.
Plan Your Power of Attorney Estate Sale With iStuffSellers
The power of attorney gives you the authority. Good records protect you while you use it.
If you’re the agent for a parent in Bethesda, Potomac, or anywhere in the DC Metro, call 301-401-6688 and bring a copy of the document to the first visit. iStuffSellers is licensed, bonded, and insured, and has been helping families here since 2011.
