A legally designated agent can be granted the authority to manage and dispose of another person’s real estate assets. This authorization is typically established through a formal document. For instance, an individual facing incapacitation might designate a trusted family member to handle real estate transactions on their behalf.
This ability to delegate real estate management offers significant advantages, particularly in situations involving illness, incapacity, or geographic distance. It ensures the smooth continuation of property management, preventing potential financial complications or legal disputes. Historically, such arrangements have played a crucial role in preserving family wealth and ensuring the responsible stewardship of assets across generations.
The following sections will delve deeper into the specific types of these authorizations, the legal requirements for their creation and execution, and the potential implications for all parties involved. This information is crucial for anyone considering establishing or utilizing such an arrangement.
1. Specific Authorization Required
The ability to sell property using a power of attorney hinges critically upon the presence of explicit authorization within the document itself. A general power of attorney, granting broad authority to manage financial affairs, does not automatically encompass the right to sell real estate. The power to sell property must be specifically enumerated and clearly articulated within the power of attorney document. Without this specific grant of authority, any attempted sale of property by the agent would be legally invalid. For example, a power of attorney granting authority to manage bank accounts and pay bills does not inherently permit the agent to sell the grantor’s house. The document must explicitly state the agent’s authority to sell real estate, including specific details like the property address or a general description of the properties covered.
This requirement for explicit authorization serves a crucial protective function. It safeguards the grantor’s interests by ensuring that the designated agent’s powers are clearly defined and limited to the grantor’s intentions. This specificity helps prevent unintended or unauthorized disposal of valuable assets. For instance, if an elderly individual grants power of attorney to a family member for managing daily expenses, the absence of specific authorization regarding property sales prevents the agent from selling the individual’s home without their explicit consent, even if the agent believes it to be in the grantor’s best interest. This requirement underscores the importance of carefully drafting the power of attorney document to accurately reflect the grantor’s wishes and avoid potential disputes or legal challenges later.
Clear and unequivocal language in the power of attorney document is paramount. Ambiguity can lead to legal challenges and jeopardize the validity of property transactions. Consulting with a legal professional is crucial to ensure the document accurately reflects the grantor’s intentions and complies with all applicable legal requirements. A properly drafted document safeguards the grantor’s assets and provides clear guidance to the agent, minimizing the risk of disputes and facilitating smooth property transactions when necessary.
2. Types of Power of Attorney
Several types of power of attorney exist, each conferring different levels of authority. The type of power of attorney granted directly impacts an agent’s ability to sell property. A general power of attorney provides broad authority to manage financial affairs but typically does not include the power to sell real estate unless explicitly stated. A limited power of attorney, as the name suggests, grants authority for specific actions or a limited time frame. This type might be used for a single real estate transaction but would not grant ongoing authority. A durable power of attorney remains in effect even if the grantor becomes incapacitated, ensuring continued management of affairs, including property sales if specifically authorized. Conversely, a non-durable power of attorney terminates upon the grantor’s incapacitation, preventing any further actions by the agent. Choosing the correct type is crucial for achieving the grantor’s objectives.
Consider a scenario where an individual anticipates an extended period of medical care requiring absence from financial management. A durable power of attorney with explicit authorization to sell specific property allows a trusted agent to manage a real estate sale during this period. However, if the individual only requires short-term assistance with bill paying during a temporary illness, a limited power of attorney without real estate authority would suffice. Understanding these distinctions avoids potential complications. For example, if a non-durable power of attorney is used and the grantor becomes incapacitated before a property sale concludes, the agent’s authority ceases, halting the transaction. Therefore, careful consideration of the grantor’s present and future circumstances is essential when selecting the appropriate type of power of attorney.
The intersection of power of attorney types and property sales requires careful planning and precise documentation. Consulting with a legal professional ensures appropriate selection of the power of attorney type, clear articulation of authority regarding real estate transactions, and adherence to all legal requirements. This proactive approach safeguards the grantor’s interests, minimizes the potential for disputes, and provides the agent with clear legal authority to act according to the grantor’s wishes.
3. Durable vs. Non-Durable
The distinction between durable and non-durable powers of attorney is crucial when considering real estate transactions. A durable power of attorney survives the grantor’s incapacitation, allowing the designated agent to continue managing financial affairs, including property sales, even if the grantor becomes mentally or physically unable to make decisions. This continuity is particularly important for long-term planning and asset management. For example, if an individual grants a durable power of attorney with specific authority to sell property and subsequently experiences a debilitating illness, the agent retains the legal authority to complete the sale according to the grantor’s prior wishes. This ensures the grantor’s financial interests are protected even when they can no longer manage them personally.
In contrast, a non-durable power of attorney terminates immediately upon the grantor’s incapacitation. This type is suitable for specific, short-term situations where continued authority is not required. However, it poses significant risks regarding property sales. Suppose an individual grants a non-durable power of attorney authorizing the sale of a property. If the grantor becomes incapacitated before the sale is finalized, the agent’s authority ceases, effectively halting the transaction. This can lead to significant complications, especially if a buyer is already involved. The property may remain unsold, potentially creating financial burdens for the grantor or their estate. Therefore, understanding the implications of incapacitation is critical when choosing between a durable and non-durable power of attorney, especially when property sales are involved.
The choice between durable and non-durable powers of attorney depends heavily on individual circumstances and long-term planning goals. Durable powers of attorney provide greater continuity and protection in cases of incapacitation, ensuring that pre-arranged plans for property management can be executed. Non-durable powers of attorney are suitable for limited, short-term situations where the risk of incapacitation is minimal. Failing to consider the potential for future incapacitation can have significant consequences, potentially jeopardizing planned property sales and complicating estate management. Consulting with legal counsel is essential for making informed decisions and tailoring the power of attorney document to meet specific individual needs and circumstances.
4. Agent’s Fiduciary Duty
An agent operating under a power of attorney, especially one granting authority over property sales, bears a significant fiduciary duty to the grantor. This duty mandates that the agent act with utmost good faith, loyalty, and transparency, always prioritizing the grantor’s best interests above their own. This fiduciary responsibility encompasses several key obligations. The agent must avoid conflicts of interest, refrain from self-dealing, and ensure all actions taken are solely for the grantor’s benefit. For instance, an agent cannot sell the grantor’s property to themselves below market value or use the proceeds from a sale for personal gain. Any breach of this fiduciary duty can lead to legal repercussions, including the invalidation of the sale and potential liability for damages. One real-life example involves an agent selling a grantor’s property to a family member at a significantly reduced price without proper disclosure or justification. Such an action would likely constitute a breach of fiduciary duty, potentially leading to legal action to reverse the sale.
The fiduciary duty inherent in a power of attorney arrangement is fundamental to protecting the grantor’s interests, particularly when substantial assets like real estate are involved. This duty requires meticulous record-keeping and transparent accounting of all transactions. The agent must provide regular updates to the grantor, if capable, or to a designated oversight authority, ensuring accountability and preventing financial mismanagement. Consider a scenario where an agent sells a grantor’s property and invests the proceeds. The agent has a duty to invest prudently, diversifying investments appropriately and avoiding risky ventures that could jeopardize the grantor’s funds. Regular reporting on the investment performance and strategy is a key component of this fiduciary responsibility. Practical implications of understanding this duty include the grantor’s ability to seek legal redress for breaches of trust and the potential for courts to appoint new agents or impose other remedies to protect the grantor’s assets.
Understanding the agent’s fiduciary duty is crucial for both the grantor and the agent. This duty forms the ethical and legal bedrock of the power of attorney relationship, particularly in the context of property sales. Recognizing the obligations and potential consequences associated with this duty ensures the grantor’s assets are protected and managed responsibly. Failure to uphold this duty can have severe legal and financial ramifications for the agent. Therefore, seeking legal counsel during the drafting and execution of a power of attorney is essential. Clear documentation of the agent’s authority and responsibilities, coupled with open communication and transparent accounting practices, are essential for mitigating risks and upholding the integrity of the power of attorney arrangement.
5. Legal Capacity of the Grantor
The legal capacity of the grantor is a cornerstone of a valid power of attorney for property sales. Without the requisite capacity, any power of attorney granted, and consequently any property sale executed under its authority, can be deemed legally invalid. This underscores the critical importance of assessing and ensuring the grantor’s capacity before establishing a power of attorney for real estate transactions. The following facets explore the components of legal capacity and their implications.
-
Understanding Capacity
Legal capacity refers to the grantor’s ability to understand the nature and consequences of granting power of attorney. It requires a sound mind and the ability to make reasoned decisions regarding financial affairs, including property management. For instance, an individual diagnosed with advanced dementia might lack the capacity to understand the implications of granting power of attorney to sell their home. A court may invalidate such a power of attorney if the grantor’s capacity is challenged. Therefore, assessing capacity is crucial for ensuring the legal validity of the power of attorney and any subsequent property sales.
-
Factors Affecting Capacity
Various factors can impact an individual’s legal capacity, including age, mental health conditions, medication side effects, and substance abuse. A medical diagnosis of Alzheimer’s disease can significantly impair cognitive function, affecting capacity. Similarly, the influence of certain medications might temporarily impair an individual’s ability to make sound decisions. Evaluating these factors is essential in determining whether a grantor possesses the requisite capacity to execute a valid power of attorney.
-
Challenges to Capacity
The legal capacity of a grantor can be challenged by interested parties, such as family members or beneficiaries of the estate. Challenges often arise after a property sale has been executed under a power of attorney, potentially leading to costly legal battles and the reversal of the sale. For instance, if an individual grants power of attorney to a distant relative who then sells valuable property below market value, other family members might challenge the grantor’s capacity at the time the power of attorney was granted. Clear documentation of capacity assessment at the time of execution can help mitigate such challenges.
-
Medical and Legal Documentation
Medical evaluations and legal consultations are often necessary to establish and document a grantor’s capacity. A physician’s assessment of cognitive function and mental state can provide valuable evidence of capacity. Legal counsel can assist in documenting the capacity assessment process and ensuring the power of attorney document adheres to all legal requirements. This documentation strengthens the validity of the power of attorney and protects against future challenges. For example, having a physician document the grantor’s understanding of the power of attorney’s implications significantly strengthens the document’s legal standing.
The legal capacity of the grantor is intrinsically linked to the validity of any power of attorney and subsequent property sales conducted under its authority. Ensuring and documenting the grantor’s capacity through appropriate medical and legal processes is critical for preventing legal challenges, protecting the grantor’s interests, and guaranteeing the enforceability of property transactions executed under the power of attorney. Failure to adequately address the issue of capacity can lead to significant legal disputes, potentially jeopardizing the grantor’s wishes and the validity of any property sales.
6. Proper Execution of Documents
Proper execution of power of attorney documents is paramount for enabling valid property sales. A flaw in the execution process can invalidate the entire document, rendering any subsequent property transaction void. This meticulous process safeguards the grantor’s interests and ensures the agent’s authority is legally sound. Specific requirements, such as notarization, witnessing, and adherence to state-specific legal formalities, must be strictly observed. For instance, a missing witness signature or an improperly acknowledged notarization can invalidate the power of attorney, effectively preventing the agent from legally selling the property. This can lead to significant delays, legal challenges, and potential financial losses if a prospective buyer is involved.
The consequences of improper execution can be far-reaching. Imagine a scenario where a grantor intends to sell a property quickly due to a pressing financial need. If the power of attorney document is improperly executed, the sale is jeopardized, potentially exacerbating the financial hardship. This underscores the importance of engaging legal professionals to ensure meticulous adherence to all legal requirements. They can guide the process, verify compliance with state laws, and minimize the risk of errors. Another real-world example involves a family disputing a property sale after the grantor’s death, alleging improper execution of the power of attorney. Such disputes can tie up the property in lengthy legal battles, delaying the distribution of assets and incurring substantial legal fees.
Proper execution of power of attorney documents is not merely a formality but a critical legal safeguard. It protects both the grantor and the agent by ensuring clear legal authority and minimizing the risk of future disputes. Overlooking seemingly minor details in the execution process can have significant repercussions, potentially invalidating property sales and leading to complex legal challenges. Therefore, seeking legal counsel and prioritizing meticulous adherence to all execution requirements is essential for ensuring the validity and enforceability of the power of attorney and any subsequent property transactions.
7. State-Specific Regulations
State-specific regulations significantly influence the validity and execution of powers of attorney, particularly concerning property sales. Understanding these regulations is crucial for ensuring compliance and preventing legal complications. Variations in state laws can affect the required formalities for creating and executing the power of attorney document, the scope of authority granted to the agent, and the process for handling property transactions. Navigating these legal nuances is essential for ensuring the legality and enforceability of property sales conducted under a power of attorney.
-
Document Format and Execution Requirements
States impose specific requirements for the format and execution of power of attorney documents. These can include stipulations regarding notarization, witness signatures, specific wording, and other legal formalities. For instance, some states mandate two witnesses for a power of attorney to be valid, while others require only one. Similarly, the specific wording required for granting authority related to real estate transactions may vary. Non-compliance with these state-specific requirements can render the power of attorney invalid, jeopardizing any subsequent property sale.
-
Scope of Agent’s Authority
State laws define the permissible scope of an agent’s authority under a power of attorney. Some states impose limitations on the types of real estate transactions an agent can conduct, such as prohibiting gifts of property or requiring court approval for certain sales. Understanding these limitations is crucial for preventing unauthorized actions by the agent and ensuring the legality of property transactions. For example, an agent might unknowingly exceed their authority by selling a property below market value without proper justification, leading to legal challenges if the state requires court oversight for such transactions.
-
Recording Requirements
Some states require recording the power of attorney document with the local land records office or other designated authority before a property sale can proceed. This recording process provides public notice of the agent’s authority and protects against fraudulent transactions. Failure to comply with recording requirements can create title issues and complicate property transfers. For example, a buyer might be hesitant to purchase a property if the power of attorney authorizing the sale is not properly recorded, leading to potential delays or deal cancellations.
-
Medicaid and Estate Recovery Implications
State laws regarding Medicaid eligibility and estate recovery can be impacted by property sales conducted under a power of attorney. Some states consider property sold under a power of attorney as part of the grantor’s estate for Medicaid eligibility determinations or estate recovery purposes. Understanding these implications is crucial for individuals seeking Medicaid assistance or planning their estate. For instance, selling a property below market value under a power of attorney could be viewed as a transfer of assets for less than fair market value, potentially affecting Medicaid eligibility or increasing the estate’s liability for recovery claims.
State-specific regulations play a critical role in determining the validity and enforceability of property sales conducted under a power of attorney. Non-compliance with these regulations can invalidate the power of attorney, jeopardize property transactions, and lead to complex legal challenges. Therefore, seeking legal counsel familiar with the applicable state laws is essential for navigating these intricacies and ensuring that property sales under a power of attorney are conducted legally and in accordance with the grantor’s wishes.
8. Potential for Abuse or Fraud
While power of attorney offers valuable assistance in managing property, it also presents opportunities for abuse and fraud. This potential for exploitation underscores the importance of careful planning, diligent oversight, and awareness of potential risks. Understanding the various forms of abuse and fraud is crucial for protecting the grantor’s interests and ensuring responsible property management.
-
Financial Exploitation
Financial exploitation involves misusing the granted authority for personal gain. This can manifest in various ways, such as selling the property below market value to a friend or relative, diverting sale proceeds for personal use, or taking out unauthorized loans against the property. Real-life examples include agents forging the grantor’s signature on property documents or using the power of attorney to transfer ownership to themselves. Such actions can result in significant financial losses for the grantor and legal battles to reclaim the property or recover misappropriated funds.
-
Undue Influence
Undue influence occurs when an agent pressures or coerces the grantor into granting power of attorney or making decisions regarding property sales against their true wishes. This exploitation can involve manipulating a vulnerable individual, exploiting a trusting relationship, or using emotional blackmail to gain control over their assets. Examples include caregivers pressuring an elderly person to grant them power of attorney and then selling the property for their benefit. Such abuse can have devastating emotional and financial consequences for the grantor, often leaving them without a home or resources.
-
Concealment and Lack of Transparency
Lack of transparency and concealment of actions related to property sales can facilitate fraud. An agent might fail to provide regular updates to the grantor or conceal important information about the sale, such as the actual sale price or the intended use of the proceeds. This lack of transparency can make it difficult to detect fraudulent activity. For example, an agent might sell a property and conceal the sale by diverting the funds to a separate account, leaving the grantor unaware of the transaction. This concealment allows the agent to misappropriate the funds without immediate detection.
-
Conflicts of Interest
Conflicts of interest arise when the agent’s personal interests clash with the grantor’s best interests regarding property sales. This can involve situations where the agent benefits financially from the sale, such as selling the property to themselves or a family member at a below-market price or receiving a kickback from the buyer. Such conflicts of interest can lead to decisions that prioritize the agent’s gain over the grantor’s welfare. A classic example involves an agent selling the grantor’s property to a development company in which they have a financial stake, even if a higher offer was received from another buyer.
These potential abuses highlight the inherent risks associated with granting power of attorney for property sales. While the majority of agents act responsibly and ethically, the potential for exploitation underscores the importance of careful planning, selection of a trustworthy agent, implementation of oversight mechanisms, and regular communication. Failing to address these risks can have devastating consequences for the grantor, leading to significant financial losses, emotional distress, and protracted legal battles. Therefore, seeking legal counsel and implementing protective measures are crucial for safeguarding the grantor’s interests and ensuring responsible property management.
9. Real Estate Transaction Process
Utilizing a power of attorney in a real estate transaction introduces specific complexities into the standard process. While the fundamental steps remain consistentlisting, offers, negotiation, closingthe involvement of an agent acting on behalf of the grantor necessitates careful attention to legal compliance and documentation. A critical aspect involves verifying the agent’s authority. Title companies and buyers’ representatives must meticulously review the power of attorney document to confirm its validity, scope, and specific authorization for property sales. Failure to verify this authority can invalidate the transaction, potentially leading to legal disputes and financial losses. For instance, a title company discovering a flaw in the power of attorney during closing could halt the sale, leaving the buyer without the property and the grantor in a precarious legal position. Furthermore, any limitations within the power of attorney, such as restrictions on the sale price or specific conditions for closing, must be adhered to throughout the process. This meticulous approach protects all parties involved and ensures a legally sound transaction.
The presence of a power of attorney also impacts communication and decision-making throughout the real estate transaction. While the agent represents the grantor, clear communication channels between the agent, the grantor (if capable), and other involved parties are essential. This transparent communication prevents misunderstandings, ensures informed consent, and minimizes the potential for disputes. For example, if the agent receives multiple offers, they must communicate these offers to the grantor (if capable) and seek instructions based on the power of attorney’s provisions. If the grantor is incapacitated, the agent must act in their best interest, adhering to the guidelines outlined in the power of attorney document and applicable state law. Additionally, any changes in the grantor’s capacity during the transaction process necessitate reassessment of the power of attorney’s validity and potential adjustments to the process.
Successfully navigating a real estate transaction involving a power of attorney hinges on meticulous adherence to legal requirements, transparent communication, and diligent oversight. Understanding the implications of using a power of attorney in this context is crucial for all parties involved, including real estate agents, title companies, buyers, and legal representatives. Proactive measures, such as seeking legal counsel, verifying the agent’s authority, and establishing clear communication protocols, mitigate risks and ensure the transaction’s legality and smooth execution. Failure to address these complexities can lead to legal challenges, financial losses, and protracted disputes, jeopardizing the interests of all stakeholders. Therefore, a thorough understanding of the interplay between power of attorney and the real estate transaction process is essential for a successful and legally sound outcome.
Frequently Asked Questions
This section addresses common inquiries regarding the sale of property using a power of attorney.
Question 1: Does a general power of attorney automatically grant the authority to sell property?
No. A general power of attorney grants broad authority over financial matters but does not inherently include the right to sell real estate. Explicit authorization to sell property must be specifically stated within the power of attorney document.
Question 2: What happens if a grantor becomes incapacitated after granting a non-durable power of attorney for property sales?
A non-durable power of attorney terminates upon the grantor’s incapacitation. If this occurs before the property sale is finalized, the agent’s authority ceases, effectively halting the transaction.
Question 3: Can an agent under a power of attorney sell the grantor’s property to themselves?
Generally, no. An agent has a fiduciary duty to act in the grantor’s best interest. Selling the property to themselves presents a clear conflict of interest and is typically prohibited unless specific provisions within the power of attorney document and applicable state laws allow it under strict conditions and with full transparency.
Question 4: What are the risks of granting power of attorney for property sales?
Risks include potential financial exploitation, undue influence, lack of transparency, and conflicts of interest. Careful selection of a trustworthy agent and implementation of oversight mechanisms are crucial for mitigating these risks.
Question 5: How can one ensure the legal validity of a power of attorney for property sales?
Legal validity requires adherence to state-specific regulations regarding document format, execution, and recording. Consulting with an attorney specializing in estate planning and real estate law ensures compliance and minimizes potential challenges.
Question 6: What recourse is available if an agent misuses their authority under a power of attorney?
Legal remedies exist for addressing agent misconduct. One can petition the court to revoke the power of attorney, seek an accounting of the agent’s actions, and pursue legal action to recover misappropriated funds or property. Timely legal intervention is essential to protect the grantor’s interests.
Careful consideration of these frequently asked questions helps individuals understand the complexities and potential risks associated with granting power of attorney for property sales. Proactive planning and legal guidance are essential for navigating this process effectively and protecting the grantor’s interests.
For further information and specific guidance regarding individual circumstances, consultation with a qualified legal professional is strongly recommended.
Essential Tips for Property Transactions Involving Powers of Attorney
Careful consideration of these tips helps ensure a smooth and legally sound process when dealing with property sales under the authority of a power of attorney.
Tip 1: Consult with Legal Counsel: Engaging an attorney specializing in real estate and estate planning is paramount. Legal expertise ensures the power of attorney document adheres to all applicable state laws and accurately reflects the grantor’s intentions. This proactive step minimizes the risk of future disputes and legal challenges.
Tip 2: Explicitly Define Authority: The power of attorney document must explicitly state the agent’s authority to sell specific properties or categories of real estate. Ambiguity can lead to legal complications. Clearly defining the scope of authority safeguards the grantor’s interests and provides clear guidance to the agent.
Tip 3: Choose the Right Type of Power of Attorney: Selecting the appropriate typedurable or non-durable, general or limitedis crucial. The chosen type should align with the grantor’s circumstances and long-term needs. A durable power of attorney ensures continuity in property management even if the grantor becomes incapacitated.
Tip 4: Verify and Document Grantor’s Capacity: Establishing and documenting the grantor’s legal capacity at the time of execution is critical. Medical evaluations and legal consultations provide evidence of capacity, protecting against future challenges to the power of attorney’s validity.
Tip 5: Ensure Meticulous Document Execution: Strict adherence to state-specific requirements for notarization, witnessing, and other legal formalities is essential for a valid power of attorney. Overlooking seemingly minor details can invalidate the document and any subsequent property transactions.
Tip 6: Implement Oversight Mechanisms: Regular communication between the agent and the grantor (if capable) or a designated oversight authority promotes transparency and accountability. Regular accountings and updates help prevent financial mismanagement and detect potential abuse.
Tip 7: Maintain Detailed Records: Thorough record-keeping of all transactions related to property sales under a power of attorney is essential. This includes preserving copies of the power of attorney document, sale agreements, financial statements, and any other relevant documentation. These records provide evidence of the agent’s actions and protect against disputes.
Tip 8: Be Aware of Potential Red Flags: Recognizing signs of potential abuse or fraud, such as unusual property transactions, unexplained financial activity, or changes in the grantor’s behavior, is crucial. Timely intervention can prevent significant financial losses and protect the grantor’s well-being.
Adhering to these tips safeguards the grantor’s interests, ensures legal compliance, and facilitates smooth property transactions under a power of attorney. Proactive planning and diligent execution are critical for a successful outcome.
Following these guidelines helps minimize risks and ensure the responsible and legally sound management of property sales under a power of attorney. The final section offers concluding thoughts on this important topic.
Conclusion
The capacity of a power of attorney to facilitate property sales offers significant advantages but requires careful navigation of legal and ethical considerations. Understanding the specific types of powers of attorney, the importance of explicit authorization, the agent’s fiduciary duty, and the potential for abuse are crucial for protecting the grantor’s interests. Adherence to state-specific regulations and meticulous execution of documents are essential for ensuring the legality and enforceability of property transactions conducted under a power of attorney. The real estate transaction process itself becomes more complex when a power of attorney is involved, requiring diligent verification of authority and transparent communication among all stakeholders.
Responsible use of this legal tool requires proactive planning, informed decision-making, and ongoing vigilance. Seeking guidance from legal professionals specializing in real estate and estate planning is paramount for navigating the complexities of property sales under a power of attorney. This proactive approach safeguards the grantor’s assets, ensures compliance with legal requirements, and facilitates smooth and legally sound property transactions. Ultimately, a thorough understanding of the interplay between power of attorney and property sales empowers individuals to make informed decisions and protect their interests, both now and in the future.
