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G
gelleng Asked April 2011

Is a copy of a DPOA legally valid?

My mother signed one in 2009 that we prepared ourselves according to a sample for our state. At the time, I let her keep the signed originals (3) because it made her more comfortable with the idea. Since then, they were destroyed - along with everything else - in a fire. I have a copy only, but now need to act sometimes on her behalf. Thanks

EXPERT Carol Bradley Bursack, CDSGF Apr 2011
This is an excellent answer. Few places need an original. Even the bank will generally take a copy. On occasion, they request one, so it's good to have a few "originals" witnessed. Then, you send copies where you can - which is great for most things.

Take care,
Carol

LynnPO Apr 2011
To be sure you have a "legal" copy you should really do another set of originals. Your Mom should sign it in the presence of a notary and a couple of witnesses, who should also sign. Once that's done take it to the county clerk's office and have it recorded, they might also want to take a copy. This is what an attorney would do for you so save the $$ and do this. You can do several copies at the same time so that there are several originals. I've been making copies of my mom's for several years now and no one balks. I write "copy" in red at the top. If they ask to see an original, I have that but if they ask for an original copy I tell them no way - there's only been one case where someone wanted me to bring in the original so they could make a copy themselves.

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notrydoyoda Apr 2011
Did you file the Durable POA with the register of deeds in the county where she lives? They would have a copy of the original and could make you a certified copy. I think the copy with the notarization on it should be as valid as the original. I would ask the lawyer who drew up the original. Maybe they have a copy of the original.

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