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Kelzcam Asked June 2020

I had a power of attorney for my dad but I lost the paperwork. Suggestions?

Moved from New York to North Carolina should I get a new one or investigate and look in public records for the old one.

AinSeattle Jun 2020
Even in states where it is not a requirement to file a POA, they usually can be filed with the County recording office so there is a certifiable copy available if necessary. We have filed many different documents and the upfront cost has saved us many times over of the cost of not having filings. It is a good idea in the case of disaster -- fire come to mind.

If you know where they were created, you might check with the county offices to see if they have a certified copy.

Screennamed Jun 2020
The New York County where the original Power of Attorney was filed, will have it, and might have it available online. I found my grand-mother's power of attorney online which was filed in 1999.

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Peanuts56 Jun 2020
Have you contacted the attorney who drew up the POA? My attorney made copies of all of my documents and retained the file in a fireproof cabinet in his office.

CaregiverL Jun 2020
Call up Atty who prepared it to send you copy. He/She should have another original in the office. Hugs 🤗
worriedinCali Jun 2020
The OP never said an attorney prepared it and I think most here are unaware of the fact that many attorneys don’t keep a copy of these kind of documents ;)
Llamalover47 Jun 2020
You may have filed a copy with his physician.

NYCdaughter Jun 2020
The New York POA may be stronger than the NC POA, but you may also want to consult a NC attorney. As mentioned below, the originating attorney should have a copy, and banks usually require their own POA form to be used.

Ricky6 Jun 2020
Whatever is easier for you.

Taarna Jun 2020
Most banks will require an original signed document. You might want to start by contacting the original lawyer who wrote up the POA. They should have it on file and can make a notarized "copy" that should have the same power as the one that was misplaced.

britehopes Jun 2020
I know it is too late to help you but it might help others. I have scanned and saved all the documents (advanced directive, medical power of attorney, POA, and will) onto a flash drive. I know it isn't the same as having the originals but most places asking for any of those documents (except the will) usually need them loaded onto a website or just a copy for their records.
If you have ever used the POA and had to provide a copy, you might see if they still have a copy in his records.
And I suggest everyone purchase a firebox and keep copies or originals of documents (including birth certificates) in there. Because I guarantee sooner or later, someone is going to ask for them.

LonaEl Jun 2020
If you know the POA was recorded in NY, it is probably easier to obtain a copy from the records division of the NY county in which it was recorded it. Might be worth the extra fee to order a certified copy just to be safe, even though a copy of the recorded doc should be honored by any 3rd party. Most states do not require a general durable POA to be recorded (unless it involves a real estate transaction), so it may not have been recorded in NY.

Emmalyn Jun 2020
if he cant consent for himself anymore, file for conservatorship in your county.

annandpaul1629 Jun 2020
Does your dad still have his copy? Would any other family members have been given a copy?

gladimhere Jun 2020
Chances are that a probate court is not an option. In most cases there would be no need for that.

But, you can record anything with the county clerk. If you get a new one, many states have options for virtual notaries when it comes time to sign. Check with the attorney that prepared the POA. That office would be able to supply you with a certified copy, which you will need.

Parise Jun 2020
You can Always get these Papers Online and have them Notarized.

ACaringDaughter Jun 2020
Contact the lawyer who created the document.

ArtMom58 Jun 2020
Get a new one.

JoAnn29 Jun 2020
In my State you don't file POAs. Wish they did. The only thing you can do is find the Lawyer who drew it up and get a copy. If the person who assigned you now has a Dementia, you will not be able to have another drawn up.

worriedinCali Jun 2020
Why would the old one be in public records? Did you record it with the county court? If it was prepared by a lawyer, see if the lawyer kept a copy. Otherwise there really wouldn’t be a public record.

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