Does a POA need to be recorded to be valid?
Mom granted my sister and myself Durable Power of Attorney a few years ago and we have been transacting business for her since, with no problems; everything from medical permissions and government documents to everyday finances. Now, while attempting to sell a small piece of vacant land that she owns, the title company informed us that, though the POA document was signed, witnessed, and notarized, they cannot accept it because it was not recorded with the circuit court. The court would require the original document in order for it to be recorded, and we only have copies. Trouble is, with mom's constantly shifting moods and her often irrational behavior, she is disgusted with us at present and refuses to supply the original. Could she have the POA declared void and take control of her finances? I fear she would no longer be capable of keeping things straight.
Status: Open Apr 27, 2016 - 07:46 AM
Finance, Elder Law