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H
happyfeet Asked July 2015

Why does a POA need to be recorded? I was told it was legal even if it was not recorded.

GardenArtist Jul 2015
Actually, I believe the document would be legal if it was properly drawn, executed and witnessed, and the individual conveying authority was "of sound mind". Recording would make it public for anyone who might want to check, but unless a state statute requires it to be recorded, that shouldn't affect the legality.

GardenArtist Jul 2015
Our attorney never raised the issue of recording; she's respected in her field, very competent and I would freely rely on her advice. If she doesn't feel it needs to be recorded, I wouldn't consider it.

Other states may be different.

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jeannegibbs Jul 2015
I don't know where I would "record" it in this state. I think it varies state by state.

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