QUESTION
When you have signed and notarized durable power of attorney, where do you file the form?
Asked on Aug 25th, 2012 on Estate Planning - California
More details to this question:
We have signed and had notarized durable powers or attorney. Is there a special filing that must be done to put them in force, or do we simply keep the copies on file until needed?
6 ANSWERS
The form need not be filed anywhere. You should lodge a copy of a health care power of attorney with your doctor. If you have real property that could be impacted by the power of attorney you should record the financial power of attorney in the county where the property is located.
Answered on Aug 31st, 2012 at 9:30 PM
The notarized durable power of attorney is not filed anywhere. It is a private document and only shown if need be.
Answered on Aug 26th, 2012 at 11:38 PM
If it was done properly than there is no need to file anything. The person who requires the power of attorney will need to present evidence of this power to the appropriate person.authority when it is required.
Answered on Aug 26th, 2012 at 4:27 AM
You keep the copies in a save place. If it includes a power over medical treatment, you should see if you can file a copy with the hospital the person is likely to go to.
Answered on Aug 26th, 2012 at 4:26 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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There is no need to file a durable power of attorney with any governmental entity at this time. In some cases, it may be necessary to record the power of attorney for instance, if it is used to sell real estate. However, you do not need to record the power of attorney in order to make it generally valid.
Answered on Aug 26th, 2012 at 4:26 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The originals of the Durable Power of Attorney stay in your possession. You do not file them anywhere. You can record them with a county recorder if you intend on affecting a specific piece of property; typically though, if you are selling a piece of real property for another person, for whom you hold the durable power, then title and escrow is going to want to see the original and maybe record it for you when they transfer title to a new buyer, to show the chain of title and you have the power to transfer the title.
Answered on Aug 26th, 2012 at 4:26 AM