How To Check If A Power Of Attorney Is Registered

Notary public wax stamp on power of attorney

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A power of attorney is an instrument that a person uses to grant authority to an agent to act on his or her behalf. The two different types of instruments are health care and financial powers of attorneys. A 3rd party preparing to transact concern or take action in reliance on a power of attorney needs to verify who really does accept authority under such an instrument to make decisions for another person.

View the Original Ability of Attorney

Asking to encounter the original power of attorney certificate. A duly authorized agent named in a power of attorney should accept the original instrument in his or her possession. If you lot are beingness asked to accept action by an individual contending he or she is an agent authorized to make decisions through a power of attorney, y'all must review the original instrument.

Verify the Actuality of the Power of Chaser

Verify the authenticity of the power of attorney document presented to yous. In many states, a power of attorney must be notarized. The presence of a notary's postage and signature is usually enough evidence that the power is a legitimate document. If you're concerned, run an internet search for the notary and ask him or her to verify that the postage stamp on the document is the notary's official seal. Contacting witnesses is some other avenue to explore. Often, powers of attorney bear the signature of an independent witness who watched the principal sign the power. See if you can contact the witness – the address should be written beneath the witness'southward signature – and ask if she remembers attending the signing.

Check County Records

Check the power of attorney records at the register or recorder of deeds in the canton where the individual who created the musical instrument resides. In some states a ability of attorney tin can be filed with the annals or recorder of deeds. However, this is non the common practice today.

Contact the Person who Granted the Power of Chaser

Contact the individual named every bit the grantor in the power of chaser. The grantor is the private who drafted and executed the ability of attorney. Though this might seem to defeat the purpose of designating an agent to act on behalf of a grantor via a power of chaser, the typical grantor appreciates a third party taking the fourth dimension to confirm the actuality of a power of chaser.

Warnings

If a power of attorney does non announced authentic to you, and you cannot independently verify its actuality, do not transact business with the purported amanuensis. If the power of chaser turns out to be fraudulent, you can be held liable for any losses sustained by the alleged grantor through the transaction.